HomeMy WebLinkAbout4A - 15305 Breezy Point Road Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: AUGUST 28, 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 FRONT YARD SETBACK AND MINIMUM LAKE
SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDEN-
TIAL) ZONING DISTRICT
DISCUSSION: Introduction
Murphy and Company, on behalf of the property owner, Lance Anderson, is requesting
a variance from the minimum front yard setback and minimum lake setback for con-
struction of a new dwelling. The property is located at 15305 Breezy Point Road SE
along the southern shores of Lower Prior Lake. The requested variances are listed
below:
· A 5.0-foot variance from the required minimum 25-foot front yard (Section 1141.500
(3))
· A 33.3-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))
Regulation Requirement
(Feet)
Proposed
(Feet)
Variance
(Feet)
Front Yard Setback 25.0 20.0 5.0
Lake Setback 50 16.7 33.3
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 1960.
Current Circumstances
The applicant is requesting to remove the existing dwelling and detached garage and
place a new two-story dwelling with attached garage on the property. The current
dwelling and garage are located within the floodplain of Lower Prior Lake; therefore, a
proposed basement level is not possible due to the floodplain.
Front Yard Setback: Subsection 1141.500 (3) lists the minimum front yard setback
requirement as twenty (25) feet. The proposed front yard setback of the dwelling is 20.0
feet and the proposed front yard setback of the garage is 22.5 feet. Several properties
along Breezy Point Road have front yard setbacks between 20-25 feet, particularly prop-
erties out on the peninsula. The front yard setback of the existing dwelling is 20 feet, and
the existing detached garage has a 2-foot front yard setback. The proposed garage is
2
located at an increased setback from the public street/turnaround to allow vehicular park-
ing in the driveway area. This would alleviate parking in the public turnaround area which
has been an issue in the past that prevents maneuvering for larger vehicles.
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 nearby
properties. The proposed setback of 16.7 feet is similar to the current setback at the
detached garage. The majority of the proposed dwelling and outdoor deck area follows
a similar setback of approximately 40 feet from the lake (904 elevation) as the existing
dwelling and existing porch areas. The setbacks of the closest properties along Breezy
Point Road are similar at 53 feet, 30 feet, and 25 feet respectively. Many other dwell-
ings along Breezy Point have lake setbacks less than 30 feet.
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 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 shape of the property results in a limited area for placement of a dwelling
and garage. The proposed dwelling will maintain a similar lake setback of ap-
proximately 40 feet and front yard setback of 20 feet as the existing dwelling, yet
it will allow an increased front setback for the garage from the existing public
turnaround and allow for parking in the private driveway area. This public turn-
around has been problematic as it is much smaller in size than a typical cul-de-
sac and therefore difficult to maneuver, especially if any vehicle is parked in the
street area. By increasing the setback of the garage from the public turnaround,
the essential character of the locality is improved for vehicular maneuvering in
the street. The narrow buildable lot area (25 to 40 feet) and shape of the property
has created a practical difficulty with complying with the City Code. A typical
dwelling and garage which meets the required lake setback of 50 feet and re-
quired 25-foot front yard setback would not be possible given the lot dimensions.
Many of the dwellings along Breezy Point Road have nonconforming front and
lake setbacks similar to those requested by the applicant.
(2) 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. A purpose of the Zoning Ordinance is to “Promote the most appro-
priate 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.”
3
(3) 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.
(4) Economic considerations alone do not constitute practical difficulties.
Economic considerations alone 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 front yard and lake setbacks are
similar to those in the Breezy Point area. The proposed dwelling design will improve
the property situation by raising the grade of the structures above the floodplain eleva-
tion of Lower Prior Lake and allowing for a private parking area outside of the public
turnaround on the property. Therefore, City Staff recommends approval of the re-
quested 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.
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 15305 Breezy Point Road SE 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 23-07PC
2. Location Map
3. Existing Survey dated 11-25-2020
4. Proposed Survey dated 18-15-23
5. Conceptual Floor Plans and Elevations dated 7-3-23
6. Applicant Narrative
7. Neighboring Property Owner Letters
8. Street View Photo
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-07PC
VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SETBACK TO
ALLOW CONSTRUCTION OF A DWELLING A PROPERTY IN THE R-1 SD (LOW DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on August 28, 2023, to consider a request from Murphy and
Company, on behalf of the property owner, Lance Anderson, requesting variances
from the minimum front yard setback and minimum lake setback to allow construction
of a dwelling on a property located in the R-1 SD (Low Density Residential
Shoreland) Zoning District at the following property:
(PID 250260080)
Legal Description: Lot 16, Breezy Point, 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 #DEV23-000024 and held a hearing thereon on August 28, 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. The 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
2
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 shape
of the property results in a limited area for placement of a dwelling and garage. The
proposed dwelling will maintain a similar lake setback of approximately 40 feet and front yard
setback of 20 feet as the existing dwelling, yet it will allow an increased front setback for the
garage from the existing public turnaround and allow for parking in the private driveway area.
This public turnaround has been problematic as it is much smaller in size than a typical cul-
de-sac and therefore difficult to maneuver, especially if any vehicle is parked in the street
area. By increasing the setback of the garage from the public turnaround, the essential
character of the locality is improved for vehicular maneuvering in the street. The narrow
buildable lot area (25 to 40 feet) and shape of the property has created a practical difficulty
with complying with the City Code. A typical dwelling and garage which meets the required
lake setback of 50 feet and required 25-foot front yard setback would not be possible given
the lot dimensions. Many of the dwellings along Breezy Point Road have nonconforming
front and lake setbacks similar to those requested by the applicant.
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
dated August 15, 2023 in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 5.0-foot variance from the required minimum 25-foot front yard setback (Section 1141.500
(3))
b. A 33.3-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))
3
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.
PASSED AND ADOPTED THIS 28TH DAY OF AUGUST 2023.
_______________________________
Jason Tschetter, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tschetter Johnson Kallberg Tennison Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
BREEZY POINT ROAD
PRIOR LAKE
R:904.83
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DENOTES EXISTING HYDRANT
DENOTES EXISTING SANITARY MANHOLE
DENOTES EXISTING STORM MANHOLE
DENOTES EXISTING UTILITY BOX
DENOTES EXISTING SERVICE OR CLEANOUT
DENOTES IRON MONUMENT FOUND
DENOTES IRON MONUMENT SET
DENOTES EXISTING POWER POLE
DENOTES EXISTING LIGHT POLE
DENOTES EXISTING CONSERVATION POST
OR WET LAND BUFFER POST
DENOTES EXISTING TREE8" TREE
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DENOTES WOOD HUB
DENOTES NAIL
DENOTES EXISTING RETAINING WALL
DENOTES PROPOSED RETAINING WALL
DENOTES EXISTING ELEVATION
DENOTES PROPOSED ELEVATION
DENOTES AS BUILT ELEVATION
(000.0)
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DENOTES EXISTING TREELINE
DENOTES DIRECTION OF SURFACE DRAINAGE
DENOTES EXISTING FENCE
LEGEND
DENOTES EXISTING F.E.S.
LOT AREA TO 904.0 : 16,602 SQ. FT.
EXISTING HOUSE AREA : 1,239 SQ. FT.
EXISTING GARAGE AREA : 707 SQ. FT.EXISTING DECK AND PORCH AREA : 463 SQ. FT.
EXISTING CONCRETE AREA : 941 SQ. FT.
EXISTING BITUMINOUS AREA : 244 SQ. FT.
TOTAL IMPERVIOUS AREA : 3,594 SQ. FT. (23.9%)
PUBLIC ROAD EASEMENT WITHIN LOT : 1,593 SQ. FT.
NET LOT AREA TO 904.0 : 15,009 SQ. FT.
EXISTING CONDITIONS SURVEYLegal Description:
1. No specific soils investigation has been performed on this lot
by the surveyor. The suitability of the soils to support the
specific house is not the responsibility of the surveyor.
2.No title information was provided for this survey. This survey
does not purport to show all easements of record.
3. See architectural plans for final building dimensions.
SETBACKS FOR CONSTRUCTION OF A NEW HOUSE (TO BE VERIFIED
BY THE CITY OF PRIOR LAKE) :
1.PER CITY STANDARDS, MINIMUM FRONT YARD BUILDING
SETBACK IS 25 FEET. THIS CAN BE REDUCED TO THE AVERAGE
SETBACK OF HOUSES ON THE BLOCK BUT SHALL BE NO LESS
THAN 20 FEET. THE FRONT SETBACK IS FROM THE PUBLIC
ROAD EASEMENT.
2.PER CITY STANDARDS, THE MINIMUM BUILDING SETBACK
FROM THE 904 ELEVATION IS 75 FEET. THIS CAN BE REDUCED
TO THE AVERAGE SETBACK OF HOUSES ON THE BLOCK BUT
SHALL BE NO LESS THAN 50 FEET.
3.PER CITY STANDARDS, THE SIDE BUILDING SETBACK IS 5 FEET
FROM THE LOT LINE AND 15 FEET FROM ADJACENT BUILDINGS.
4.NO BUILDING SHALL BE IN AN EASEMENT.
5.GIVEN THE UNIQUE NATURE OF THIS LOT, IT APPEARS
REASONABLE TO CONSIDER REQUESTING A SETBACK
VARIANCE FROM THE CITY.
6.MAXIMUM ALLOWED IMPERVIOUS AREA IS 30%
BREEZY POINT ROAD
PRIOR LAKE
R:904.83
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PER DOC. NO. A678186
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COURT ORDER, DOC. NO. A813631
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DENOTES EXISTING CATCH BASIN
DENOTES EXISTING HYDRANT
DENOTES EXISTING SANITARY MANHOLE
DENOTES EXISTING STORM MANHOLE
DENOTES EXISTING UTILITY BOX
DENOTES EXISTING SERVICE OR CLEANOUT
DENOTES IRON MONUMENT FOUND
DENOTES IRON MONUMENT SET
DENOTES EXISTING POWER POLE
DENOTES EXISTING LIGHT POLE
DENOTES EXISTING CONSERVATION POST
OR WET LAND BUFFER POST
DENOTES EXISTING TREE8" TREE
000.0
DENOTES WOOD HUB
DENOTES NAIL
DENOTES EXISTING RETAINING WALL
DENOTES PROPOSED RETAINING WALL
DENOTES EXISTING ELEVATION
DENOTES PROPOSED ELEVATION
DENOTES AS BUILT ELEVATION
(000.0)
000.0
DENOTES EXISTING TREELINE
DENOTES DIRECTION OF SURFACE DRAINAGE
DENOTES EXISTING FENCE
LEGEND
DENOTES EXISTING F.E.S.
LOT AREA TO 904.0 : 16,721 SQ. FT.
PUBLIC ROAD EASEMENT WITHIN LOT : 1,598 SQ. FT.
TOTAL IMPERVIOUS AREA : 4,512 SQ. FT. (29.8%)
HOUSE AREA : 3,630 SQ. FT.
NET LOT AREA TO 904.0 : 15,128 SQ. FT.
SIDEWALK AREA : 106 SQ. FT.
DRIVEWAY AREA : 776 SQ. FT.
Legal Description:
= FINISHED GARAGE FLOOR ELEVATION
= LOWER FLOOR ELEVATION
= TOP OF FOUNDATION ELEVATION
(908.00)
(908.33)
(908.33)
1. No specific soils investigation has been performed on this lot
by the surveyor. The suitability of the soils to support the
specific house is not the responsibility of the surveyor.
2.No title information was provided for this survey. This survey
does not purport to show all easements of record.
3. See architectural plans for final building dimensions.
CERTIFICATE OF SURVEY
Breezy Point Road – Public Turnaround
Date: July???
Project: Glacier Bay Residence
Project Address: 1 5305 Breezy Point Road, Prior Lake, MN 55372
Re: City of Prior Lake Variance Application
Variance Narrative
Variance Request
Request for a variance to the lake yard setback and to the front yard setback .
The homeowner is requesting a variance to the two setbacks noted above for the construction of a
new home and attached garage on the property. The property currently has a detached garage and
residence that are located in no n -conforming locations on the property. Both structures a lso have
floor elevations lower than allowed by current codes. The existing detached garage is located
16.41’ from the OHWL and 2.84’ from the public road easement that serves as the turn around for
Breezy Point Road. The existing house setback from the public road easement is 19.57’ and 47.23’
from the OHWL. The applicant is proposing to remove these existing structures and replace them
with a new home and attached garage with a setback from the publ ic road easement of 20.00’ and
a setback from the OHWL of 40.35’. With the existing location of the detached garage, the ability
for larger vehicles and snowplows to turn around and adequately use the road is diminished.
Additionally, the non -conforming setback of the garage also doesn’t provide any off -street parking
for the residence . Finally, the width of the existing connection from the house/garage to the
public road easement is significantly larger than is currently allowed. The home the applicant is
proposing to construct alleviates these problems by moving the garage back to nearly 2 3 ’ from the
road easement. This shift allows adequate turning clearances for public vehicles on the road
easement, off -street parking for the residence, as well as a significantly reduced driveway width
as it connects to the roadway. Additionally, as the current lower floor elevations of the existing
structures do not meet the code required minimums for lowest floor elevations, shifting the
garage back fro m the street allows for adequate driveway length to navigate the grade change
without increasing the driveway grade past the code requirements. As a result of the garage
shifting back, the proposed house also shifted slightly closer to the lake to accommod ate the
increased setbacks on the front of the house. Due to the unique shape of the property on a
peninsula, the lake setback occurs on three sides of the property and creates a limited building
envelope in which to construct a home. The proposed home is of modest size for the owner and
their family. The attached garage allows for parking of vehicles without occupying street space.
1. There are practical difficulties in complying with the strict terms of the Ordinance:
The practical difficulties in complyi ng with the terms of the ordinance are due to the unique
nature of the property and configuration of the public road easement. With the lakeshore setback
on three sides of the property and the public road turn -around occupying a signi ficant amount of
the f ront of the property, the resulting buildable area is not adequate for the construction of a
home and garage in character with the other homes in the neighborhood. Additionally, to allow
for adequate parking, driveway grade, and clearances around the turn around that are required by
code, the house and garage are shifted towards the lake .
2. The granting of the Variance is in harmony with the general purposes and intent of the City
Subdivision and Zoning Ordinance and the Comprehensive Plan.
The proposed improvements to the property are consistent with the comprehensive plan as
they continue to maintain and enhance the character, diversity, and livability of the district
and neighborhood. The proposed location and size are consistent with the goal s of the
comprehensive plan and with the neighboring properties. The proposed house location
improves the existing situation around the sub -standard turn around and building locations
around the turn around that create a difficult and hazardous situation f or the city and private
vehicles to operate in.
3. The practical difficulty is due to circumstances unique to the property not resulting from
actions of the owners of the property and is not a mere convenience to the property owner
and applicant.
As noted previously, the unique shape of the property, having three sides of the property
subject to lakeshore setbacks and the significant amoun t of the property that is occupied by
the public road easement on the street s ide create the practical difficulties for this property.
These conditions are a result of the specific conditions of the site and not a result of any
action of the property owner. In fact, the owners are attempting to improve the property
increasing the setback from the public road and reducing t he width of the driveway as it
connects to the public road, as well as working to ensure that the property is consistent with
the neighborhood and enhancing the visual appeal and charm of the parcel.
4. The granting of the variance will not alter the essent ial character of the neighborhood or be
detrimental to the health and safety of the public welfare.
The proposed home is in scale and character with the many of the other homes along the
lakeshore. The size of the house and garage are consistent with wh at would be expected on a
lakeshore property. By increasing the setback from the road, the applicant is significantly
improving the health and safety of the neighborhood by creating space for the removal of
snow, adequate turn -around space for vehicles and delivery drivers, a nd public works vehicles.
The homeowner is keeping with the character of the neighborhood and improving the health
and safety of the public welfare.
5. The granting of the variance will not result in allowing any use of the p roperty that is not
permitted in the zoning district where the subject property is located.
The use of the property is and will remain a single -family home. This use is consistent with the
zoning district in which the property is located and in the neighb orhood in which the property
is located.
To: City of Prior Lake
From: Scott and Dana Nygaard
Date: 7/18/23
Subject: 15305 Breezy Pt Rd.
We live at 15358 Breezy Point Road. I have recently met our neighbor Lance Anderson.
We discussed and reviewed the plans he has for the transformation of his new property. We
specifically appreciate his attention to the transformation of the border water wall, in addition
to his plans for helping traffic turnarounds that consistently use my driveway due to lack of
space. He also appears to be very thoughtful about the appearance of the neighborhood and
functionality of the property. We are in favor of the proposed plans.
Thank you,
Scott and Dana Nygaard
612-730-4429