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HomeMy WebLinkAbout04A - 2965 Spring Lake Rd SW Variance PC report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: March 25, 2024 AGENDA #: 4A PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A VARIANCE FROM THE SHORELAND SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT LOTS 1 AND 2, BLOCK 50 OF SPRING LAKE TOWNSITE, 2965 SPRING LAKE ROAD SW. DISCUSSION: Introduction Robert and Nicole Langheim, the property owners, are requesting a variance from the zoning code for the construction of a single-family home. The subject property, Lots 1 and 2, Block 50 of Spring Lake Townsite, is located at 2965 Spring Lake Road SW along the northeast shore of Spring Lake, PID: 251330870. The requested variances are listed below: • A 20-foot variance from the required minimum setback from the Ordinary High Wa- ter Level (OHWL). (Subsection 1130.407(2)) Regulation Requirement Proposed Current Variance Side Yard Sum Setbacks 15 ft. 43 ft. 15 ft. 0 ft. Side Yard Setback 10 ft. 28 ft. 61 ft. 0 ft. Shoreland Setback* 50 ft. 30 ft. 12 ft. 20 ft. Distance to Adjacent Structure 15 ft. 43 ft. 61 ft. 0 ft. Impervious Surface 30% 25% 27% 0% * Dwelling currently 12 feet from OHWL. 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. Current Circumstances 2965 Spring Lake Road Southwest Current Condition Side Yard Front Yard Rear Yard Shoreland Impervi- ous Adjacent Dwelling Lot Width 50.5 ft. 49.8 ft. 12 ft. 27% 61.0 ft. 160 ft. 2 2965 Spring Lake Road Southwest Proposed Standards (New Single-Family Home) Side Yard Front Yard OHWL Shoreland Impervious Adjacent Dwelling 10’ 25’ 30.0 ft. 30% 15.0 ft. The property owner proposes to construct a single-family home. The lot is 160 feet wide and approximately 29,050 square feet. The existing dwelling is 2,552 square feet with a driveway, concrete slab and shed, for a total of 8,026 square feet of impervious surface. The current home is 12 feet from the OHWL at its closest point. The parcel is located on the northeast shore of Spring Lake. The outflow from Spring Lake to Prior Lake flows through this lot. This is considered Public Waterourse, Town- ship 114N, Range 22W Section 4 and referenced as Unnamed to Upper Prior Lake (Spring Lake Outlet). This watercourse surrounds the lot on three sides and exits the lot on the northeast. The watercourse previously had a bridge in order to access the buildable area of the lot; the bridge was replaced with a box culvert in 2023. The single-family home will be surrounded by both Spring Lake and its watercourse. The OHWL for Spring Lake is 912.8 feet. The 100-year flood is at 914.4 feet. The Regulatory Flood Protection Elevation for Spring Lake is one (1) foot above the 100- year flood at 915.4 feet. The home will be at or above the Regulatory Flood Protection Elevation of 915.4 with a 15-foot elevation hold down of 914.4 feet. This is a unique lot in Prior Lake and very few lots in the city are flanked by shoreland on three sides. Additionally, this lot is bisected by the watercourse reducing the avail- able footprint of buildable area. Under normal conditions, a single-family home of this size on 29,000 square feet would be feasible and quite ordinary. The conditions of this lot are extraordinary and represent a practical difficulty. A site visit was conducted on March 1, 2024. It was observed that adjacent homes are closer to the shoreland than the permitted 50’ and a 30’ setback would not be out of character for the neighborhood. Shoreland Setback: Subsection 1130.407(2) states the following: ➢ On shoreland parcels that have 2 adjacent parcels with existing principal struc- tures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent struc- tures from the Ordinary High Water Level or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. The existing dwelling is 12 feet from the OHWL on the west side of the lot, 24 feet on the northwest, 33 to 50 feet on the south. The proposed single-family dwelling would be 30 feet from the OHWL that surrounds the buildable area on all sides that front the OHWL. ISSUES: This project includes a request for a variance. 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: 3 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 variance 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 resi- dential, 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. There are practical difficulties in complying with the strict adherence to the Ordinance. The existence of a watercourse through the lot creating three points of OWHL setbacks at 50 feet severely reduce the buildable area. This is also a unique lot condition and not frequently encountered. The pro- posed single-family home is sized appropriately for a lot of 29,000 square feet under normal lot conditions. The condition was not created by the applicant and the proposal of a reduc- tion to 30-foot setback to the OHWL is the minimum necessary to construct the proposed home. The proposed reduction is similar to, if not less than, setbacks found throughout the north shoreline of Spring Lake. There are some lot which feature setbacks near zero (0) feet. In the context of the surrounding properties, a 30-foot setback is in conformance with the neighborhood character. 4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. 4 Conclusion City Staff believes the requested variance is warranted and necessary to allow for con- struction of a single-family home due to the existence of a watercourse that bisects the subject property. The proposed relief provided by the variance allows for a single-family home that would be buildable on this lot if not for the watercourse. Therefore, City Staff recommends approval of the requested variance 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 variance is warranted in this case, a motion and a second to adopt a resolution approving the variance requested for 2965 Spring Lake Road Southwest with the listed conditions or approve any vari- ance the Planning Commission deems appropriate in the circumstances. 2. If the Planning Commission finds the requested variance 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 the requested variance, a motion and a second to table or continue discus- sion of the item for specific purpose as directed by the Planning Commission. Alternative No. 1 ATTACHMENTS: 1. Resolution 24-02PC 2. Location Map 3. Narrative 4. Survey and Plan dated 2-20-2024 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-02PC VARIANCE FROM THE MINIMUM SUM OF THE SHORELAND SETBACK TO ALLOW A SINGLE- FAMILY HOME ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT AT 2965 SPRING LAKE ROAD SW WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on March 25, 2024, to consider a request from Robert and Nicole Langheim, the property owners, requesting a variance from the minimum shoreland setback to allow construction of a single-family home on a property located in the R- 1 SD (Low Density Residential Shoreland) Zoning District at the following property: (PID 251330870) Legal Description: Lot 1 and 2, Block 50, Spring Lake Townsite, Scott County, Minnesota. Address: 2965 Spring Lake Road SW, Prior Lake, MN 55372; and 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 #DEV24-00004 and held a hearing thereon on March 25, 2024; 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 adherence to the Ordinance. The existence of a watercourse through the lot creating three points of OWHL setbacks at 50 feet severely reduce the buildable area. This is also a unique lot condition and not frequently encountered. The proposed single-family home is sized appropriately for a lot of 29,000 square feet under normal lot conditions. The condition was not created by the applicant and the proposal of a reduction to 30-foot setback to the OHWL is the minimum necessary to construct the proposed home. The proposed reduction is similar to, if not less than, setbacks found throughout the north shoreline of Spring Lake. There are some lot which feature setbacks near zero (0) feet. In the context of the surrounding properties, a 30-foot setback is in conformance with the neighborhood character. 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 garage per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 20-foot variance from the required minimum setback from the Ordinary High Water Level (OHWL). (Subsection 1130.407(2)) 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. 3 PASSED AND ADOPTED THIS 25TH DAY OF MARCH 2024. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Kallberg Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐