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Home My WebLink About4C 14966 Pixie Point Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: May 13, 2024 AGENDA #: 4C PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A VARIANCE FROM THE BLUFF SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DEN- SITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT LOT 14 OF EASTWOOD 1st ADDITION, 14966 PIXIE POINT CIRCLE SE. DISCUSSION: Introduction Pebble Creek Custom Homes, on behalf of the property owners Randy and Dawn Em- erson, are requesting a variance from the zoning code for the construction of a single- family home. The subject property, Lot 14 of Eastwood 1st Addition, is located at 14966 Pixie Point Circle SE along the shore of Lower Prior Lake, PID: 250470150. The re- quested variance is listed below: • An 8-foot variance from the required bluff setback. (Subsection 1130.407(2)) Regulation Requirement Proposed Current Variance Side Yard Sum Setbacks 15 ft. 15 ft. <10 ft. 0 ft. Side Yard Setback 10/5 ft. 10/5 ft. 4.3 ft. 0 ft. Shoreland Setback* 75 ft. 75 ft. +75 ft. 0 ft. Distance to Adjacent Structure 15 ft. 15 ft. 15 ft. 0 ft. Impervious Surface 30% 29.17% 31% 0% Bluff Setback 25’ 17’ 9.5’ 8’ 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 14966 Pixie Point Circle SE Current Condition Side Yard Front Yard Rear Yard Shoreland Impervious Bluff Setback Lot Width 4.3 ft. 0 ft. +75 ft. +31% 9.5 ft. 160 ft. 14966 Pixie Point Circle SE Proposed Conditions (New Single-Family Home) Side Yard Front Yard OHWL Shoreland Impervious Bluff Setback 10’/5’ 25’ 30.0 ft. 30% 17.0 ft. 2 The parcel is located on the south shore of Lower Prior Lake. This section of the lake features hills and bluffs with lots that are generally triangular. This squeezes structures toward the lake, which requires homes to be located closer to bluffs. The lot is 54 feet wide at the buildable setback and approximately 13,820 square feet. The existing dwelling is 1,641 square feet with a driveway, detached garage, concrete slab, and shed, for a total of 4,379 square feet of impervious surface. The current home is 15.5 feet into the bluff setback. The proposed home will be a two-story single-family home with an attached garage, patio, and driveway for a total of 4,027 square feet. This home will be conforming to front and side yard setbacks as well as the 75-foot rear yard setback. Additionally, they will be under the 30% impervious surface requirement. These changes are a substan- tial improvement from the zero lot-line setback of the detached garage, 4.3-foot side yard setback, and 31% impervious surface. Under normal conditions, a single-family home of this size on 13,820 square foot lot would be feasible and quite ordinary. The conditions of the narrow front of the lot and sprawling bluff create an extraordinary and unique circumstance and represent a prac- tical difficulty. A site visit was conducted on May 3, 2024. Bluff Setback: Subsection 1130.304 states the following: ➢ The required setback from the Top of Bluff is determined as follows: as measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%. Bluff Impact Zones and Bluff Setbacks: Subsection 1130.403 states the following: ➢ Structures and accessory facilities, excluding stairways, lifts, and landings, shall not be placed in bluff impact zones or bluff setbacks… The existing dwelling is 15.5 feet into the bluff setback. The proposed single-family dwelling would be 8 feet into the bluff setback and represents a substantial improve- ment to the current condition. 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: 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, 3 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 non-conforming lot with a narrow front yard width and a large bluff impact area creates a constrained buildable area. The condition was not created by the applicant and the proposal en- croaches 8 feet into the bluff setback is the minimum necessary to construct the proposed home. 4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. 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 non-conforming lot with a narrow front yard buildable setback line and a large bluff area on 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 practical difficulty. Therefore, City Staff recom- mends 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 14966 Pixie Point Circle SE with the listed conditions. 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 4 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 24-05PC 2. Location Map 3. Narrative 4. Survey and Plan dated 4-29-2024 AJM ACR AJM 04-15-202445507Aaron J. Mages SCOTT COUNTY, MINNESOTA CERTIFICATE OF SURVEY LOT 14, FIRST ADDITION TO EASTWOOD 1 1 FEETSCALE 0 15 30 I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWSOF THE STATE OF MINNESOTA. DESCRIPTIONCHKBYDATEREV. NO. NAME LIC. NO.DATE CHECKED DRAWN DESIGNED OF SHEET _ LEGEND MONUMENT FOUND IRON PIPE MONUMENT SET WOOD HUB SET DENOTES DRAINAGE ARROW EXISTING SPOT ELEVATION PROPOSED ELEVATION AS-BUILT ELEVATION PROPOSED CONTOURS EXISTING CONTOURS CATCH BASIN CURB STOP UTILITY PEDESTAL LIGHT POLE SIGN DECIDUOUS TREE CONIFEROUS TREE WOOD FENCE OVERHEAD UTILITY LINE CONCRETE SURFACE PAVER SURFACE 14966 PIXIE POINT CIR SE, PRIOR LAKE, MN CERTIFICATE OF SURVEY REVISED SETBACKSAJM03/25/20241 REVISED BLUFF LINEAJM04/08/20242 REVISED IMPERVIOUS SURFACESAJM04/15/20243 AJM ACR AJM 04-29-202445507Aaron J. Mages SCOTT COUNTY, MINNESOTA CERTIFICATE OF SURVEY LOT 14, FIRST ADDITION TO EASTWOOD 1 1 FEETSCALE 0 15 30 I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWSOF THE STATE OF MINNESOTA. DESCRIPTIONCHKBYDATEREV. NO. NAME LIC. NO.DATE CHECKED DRAWN DESIGNED OF SHEET _ LEGEND MONUMENT FOUND IRON PIPE MONUMENT SET WOOD HUB SET DENOTES DRAINAGE ARROW EXISTING SPOT ELEVATION PROPOSED ELEVATION AS-BUILT ELEVATION PROPOSED CONTOURS EXISTING CONTOURS CATCH BASIN CURB STOP UTILITY PEDESTAL LIGHT POLE SIGN DECIDUOUS TREE CONIFEROUS TREE WOOD FENCE OVERHEAD UTILITY LINE CONCRETE SURFACE 14966 PIXIE POINT CIR SE, PRIOR LAKE, MN CERTIFICATE OF SURVEY 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-05PC VARIANCE FROM THE BLUFF SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on May 13, 2024, to consider a request from Randy and Dawn Emerson, property owners, and Pebble Creek Custom Homes, applicant, to approve a variance for a reduced bluff setback to allow the construction of an single-family home on an existing lot located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 14966 Pixie Point Circle SE, Prior Lake, MN 55372 (PID 250470150) Lot 14 of Eastwood 1st Addition. 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 variance as contained in Case PDEV24-000009 and held a hearing thereon on May 13, 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 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 adherence to the Ordinance. The existence of a non-conforming lot with a narrow front yard width and a large bluff impact area creates a constrained buildable area. The condition was not created by the applicant and the proposal encroaches 8 feet into the bluff setback is the minimum necessary to construct the proposed home. 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 in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. An 8-foot variance from the required minimum 25-foot bluff setback (Section 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. Building Permit shall be obtained from the Building Department prior to the commencement of construction. c. An as-built survey shall be submitted to the Building Department prior to the issuance of a Certificate of Occupancy. PASSED AND ADOPTED THIS 13th DAY OF MAY 2024. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Johnson Kallberg Tschetter Ringstad Tennison Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐