HomeMy WebLinkAbout4D 3210 Kent Street Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: May 13, 2024
AGENDA #: 4D
PREPARED BY:
PRESENTED BY:
PAUL MORETTO, PLANNER
PAUL MORETTO
AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A VARIANCE
FROM THE MINIMUM LAKE SETBACK ON A PROPERTY LOCATED IN THE R-1
(LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY
DISTRICT AT BLOCK 29 OF SPRING LAKE TOWNSITE, 3210 KENT STREET SW.
DISCUSSION: Introduction
Pat and Jessica Mason, property owners of 3210 Kent Street SW, are requesting a
variance from the minimum lake setback to replace an existing detached garage with
a home addition which includes an attached garage and porch. The property is located
along the southern shores of Upper Prior Lake. The requested variance is listed below
as illustrated on the attached survey:
• A 21.4-foot variance from the minimum 75-foot lake setback. (Subsection
1130.402(4))
Regulation Requirement Proposed Current Variance
Side Yard Sum Setbacks 15 ft. 15 ft. 15 ft. 0 ft.
Side Yard Setback 10 ft. 10 ft. 4.3 ft. 0 ft.
Shoreland Setback* 75 ft. 53.6 ft. 50 ft. 21.4 ft.
Distance to Adjacent Structure 15 ft. 43 ft. 61 ft. 0 ft.
Impervious Surface 30% 21.5% 20% 0%
Bluff Setback NA NA NA 0 ft
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 Upper Prior Lake. Resolution 20-04PC was approved on
July 27th, 2020 that provided a variance of 21.4 feet for the same project. The variance
lapsed after one year of inactivity as the proposed structures was not built.
Current Circumstances
The applicant is requesting to remove the existing, oversized two-car garage and re-
place it with a new three-car garage which will be attached to the residence. According
to the applicant, the foundation of the existing detached garage will need to be recon-
structed in the coming years due to settling, therefore they would prefer to attach it to
the existing residence.
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The lot features an angled shoreline on the property which is located on the north side.
The lot area above the 904 elevation is 21,384 sq. ft. The existing, single-family resi-
dence was constructed in 1965 and does not meet minimum lake setbacks. The closest
point of the existing residence is on the northwest corner at 56.8 feet. The existing,
oversized two-car garage was constructed in the late 1970’s and is approximately 49.4
feet from the OHW.
The proposed addition, as shown on the survey, would be 53.6 feet from the 904 ele-
vation at its closest point. This setback encroachment is a result of extending the north
wall of the home which connects the existing home to the proposed garage. The pro-
posed garage then “steps” away from the OHW. The front of the proposed garage will
be placed at the minimum front yard setback to decrease the impact to the OHW set-
back.
The proposed addition encroaches into the lake setback on the west side, approxi-
mately 60 feet, in addition to the north side setback. The proposed variance would be
sufficient to allow the addition if approved.
The proposed addition meets the front and side yard setback requirements and is be-
low the maximum 30% impervious surface. If approved, the total impervious surface
area for the property would be 21.5%.
Lake Setback: Subsection 1130.40 (4) lists the setback requirements for riparian lots.
Setbacks are measured from the Ordinary High Water (OHW) mark (904 elevation) of
Lower Prior Lake. This property does not qualify for setback averaging due to a lack of
two adjacent lots within 150 feet with existing principal structures. Therefore, the mini-
mum setback of 75 feet from the OHW applies.
A site visit was conducted on May 3, 2024.
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:
o 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.”
o 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
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types of land uses by utilizing design standards, appropriate buffers, land
use transitions, and high-quality design.
o 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. Meeting the minimum setback requires on a lot of this shape
would result in a small buildable area for an attached garage. The current
owners purchased the property in 2014 with the existing structures.
The condition was not created by the applicant and the proposal to en-
croach 21.4 feet into the shoreland setback is the minimum necessary to
construct the proposed home.
o Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
Conclusion
The City Staff believes the variance requested is warranted due to the lot constraints
unique to the property and practical difficulties as stated in the findings in this report.
In addition, the applicant’s design provides for the minimum necessary impact to the
OHW to accomplish the goals of the project. This project will also bring the non-con-
forming driveway width at the property line into compliance. Therefore, City Staff rec-
ommends approval 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.
➢ An as-built survey shall be submitted to the Building Department prior to the issu-
ance of a Certificate of Occupancy.
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
3210 Kent Street SW with the listed conditions.
2. If the Planning Commission finds the requested variance is 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
4
ATTACHMENTS: 1. Resolution 24-06PC
2. Location Map
3. Narrative
4. Existing Residence Survey Dated 01-23-19
5. Existing and Proposed Residence Survey Dated 06-18-2020
6. Proposed Elevations & Floor Plan
3210 Kent Street SW
Variance
Location Map
SUBJECT
PROPERTY
SUBJECT PROPERTY
1.Subject property's address is 3210 Kent Street SW, Prior Lake, its
property identification number is 251330220.
2.The bearing system is based on the East line of Lot 5, Block 29, SPRING
LAKE TOWNSITE which is assumed to bear South 00 degrees 03 minutes
09 seconds West.
3.Field work was completed 2/26/2018.
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 the subject property is ±0.5 Acres or
±22,600 square feet.
NOTES
Lots 5 and 6, Block 29, SPRING LAKE TOWNSITE, Scott County, Minnesota and
that part of Lot 1, Block 29, of said plat lying southwesterly of the following
described line:
Beginning at the northwest corner of Lot 4, Block 29, SPRING LAKE TOWNSITE;
thence north along the northerly extension of the westerly line of said lot 4, a
distance of 16.00 feet to the south line of said Lot 1, Block 29 of said plat;
thence deflecting to the left at an angle of 30 degrees 08 minutes 00 seconds
a distance of 80 feet more or less to the shoreline of Prior Lake and there
terminating.
Together with the east 50.00 feet of Lot 7, Block 29, SPRING LAKE TOWNSITE,
Scott County, Minnesota.
Also together with that part of the vacated 16.00 foot alley in Block 29, as shown
on said plat of SPRING LAKE TOWNSITE, Scott County, Minnesota lying west of
the northerly extension of the westerly line of Lot 4, Block 29, of said plat.
PROPERTY DESCRIPTION
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 8th day of May, 2018
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
The vertical datum is NAVD88.
Benchmark #1
Top nut hydrant at south side of Kent Street between house #3289 and
#3309. Elevation = 933.16
BENCHMARK
LEGEND
FOUND IRON PIPE
SET IRON PIPE
AIR CONDITIONER UNIT
SIGN
RETAINING WALL
UNDERGROUND TELEVISION
POWER POLE
OVERHEAD POWER
GAS METER
UNDERGROUND GAS
SANITARY MANHOLE
DECIDUOUS
CONIFEROUS
TREE LINE
FENCE, TYPE AS NOTED
BITUMINOUS SURFACE
CONCRETE SURFACE
PAVER SURFACE
BOULDER WALLS
Lot area above 903.9' contour = 21,384 sq. ft.
House = 1,308 sq. ft.
Garage = 793 sq. ft.
Front concrete sidewalk = 233 sq. ft.
Bituminous driveway = 978 sq. ft.
Concrete patio = 434 sq. ft.
Paver patio = 641 sq. ft.
Total Impervious = 4,387 sq. ft. or 20.5% of lot
HARD COVER CALCULATIONS
1.Subject property's address is 3210 Kent Street SW, Prior Lake, its
property identification number is 251330220.
2.The bearing system is based on the East line of Lot 5, Block 29, SPRING
LAKE TOWNSITE which is assumed to bear South 00 degrees 03 minutes
09 seconds West.
3.Field work was completed 2/26/2018.
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 the subject property is ±0.5 Acres or
±22,600 square feet.
NOTES
Lots 5 and 6, Block 29, SPRING LAKE TOWNSITE, Scott County, Minnesota and
that part of Lot 1, Block 29, of said plat lying southwesterly of the following
described line:
Beginning at the northwest corner of Lot 4, Block 29, SPRING LAKE TOWNSITE;
thence north along the northerly extension of the westerly line of said lot 4, a
distance of 16.00 feet to the south line of said Lot 1, Block 29 of said plat;
thence deflecting to the left at an angle of 30 degrees 08 minutes 00 seconds
a distance of 80 feet more or less to the shoreline of Prior Lake and there
terminating.
Together with the east 50.00 feet of Lot 7, Block 29, SPRING LAKE TOWNSITE,
Scott County, Minnesota.
Also together with that part of the vacated 16.00 foot alley in Block 29, as shown
on said plat of SPRING LAKE TOWNSITE, Scott County, Minnesota lying west of
the northerly extension of the westerly line of Lot 4, Block 29, of said plat.
PROPERTY DESCRIPTION
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 8th day of May, 2018
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
The vertical datum is NAVD88.
Benchmark #1
Top nut hydrant at south side of Kent Street between house #3289 and
#3309. Elevation = 933.16
BENCHMARK
LEGEND
FOUND IRON PIPE
SET IRON PIPE
AIR CONDITIONER UNIT
SIGN
RETAINING WALL
UNDERGROUND TELEVISION
POWER POLE
OVERHEAD POWER
GAS METER
UNDERGROUND GAS
SANITARY MANHOLE
DECIDUOUS
CONIFEROUS
TREE LINE
FENCE, TYPE AS NOTED
BITUMINOUS SURFACE
CONCRETE SURFACE
PAVER SURFACE
BOULDER WALLS
Lot area above 903.9' contour = 21,384 sq. ft.
Existing House = 1,308 sq. ft.
Proposed house addition = 643 sq. ft.
Proposed garage addition = 795 sq. ft.
Proposed driveway = 845 sq. ft.
Proposed front sidewalk = 220 sq. ft.
Proposed front porch = 140 sq. ft.
Existing Paver patio = 641 sq. ft.
Total Impervious = 4,592 sq. ft. or 21.5% of lot
HARD COVER CALCULATIONS
M A S O N R E M O D E L
3210 KENT STREET
PRIOR LAKE, MN
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Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended
that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2020.Do not replicate with out permission (952)428-8200. David
Charlez Design retains rights to all plans and detail shown.
david charlez designsdavid charlez designsdavid charlez designsdavid charlez designs
18476 KENRICK AVE. SUITE #202
LAKEVILLE, MN 55044
EMAIL: dave@davidcharlezdesigns.com
PHONE: 952-428-8200
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1 Front Perspective
2 Rear Perspective
3-car garage
32' x 26'
(EXTERIOR DIMS)
FAMILY RM
18' x 20'
EXISTING DINING
EXISTING KITCHEN
EXISTING LIVING RM
NEW FRONT PORCH
21'-6" x 6'
MUD RM
18' x 5'
W.I.C.
11' x 5'-6"BATH
6'-6" x 5'-6"
BENCH w/ LOCKERS
BROOM 63" WET BAR
12' - 0"20' - 0"18' - 0"
2'
-
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24
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10
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1'
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m a i n L E V E L
643 SQ. FT. ADDITION
1026 SQ. FT. GARAGE ADDITION
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Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended
that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2020.Do not replicate with out permission (952)428-8200. David
Charlez Design retains rights to all plans and detail shown.
david charlez designsdavid charlez designsdavid charlez designsdavid charlez designs
18476 KENRICK AVE. SUITE #202
LAKEVILLE, MN 55044
EMAIL: dave@davidcharlezdesigns.com
PHONE: 952-428-8200
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M A S O N R E M O D E L
3210 KENT STREET
PRIOR LAKE, MN
sub garage
14'-6" x 23'
EXISTING LOWER LEVEL
12' - 0"20' - 0"18' - 0"
2'
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24
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10
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2
1
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16' - 0"16' - 0"
16
'
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2
1
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"
GUEST BDRM /
OFFICE
15' x 13'-6"
STORAGE
19'-6" x 10'-6"
EXERCISE RM
13'-6" x 9'
LAKE ENTRY
18' x 7'-6"
BENCH w/ LOCKERS
6'
-
0
"
1'
-
6
"
OPT. PATIO
30
"
F
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OPT. STORAGE SHELVING
OPT. SHELVING
OPT. SHELVING
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Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended
that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2020.Do not replicate with out permission (952)428-8200. David
Charlez Design retains rights to all plans and detail shown.
david charlez designsdavid charlez designsdavid charlez designsdavid charlez designs
18476 KENRICK AVE. SUITE #202
LAKEVILLE, MN 55044
EMAIL: dave@davidcharlezdesigns.com
PHONE: 952-428-8200
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M A S O N R E M O D E L
3210 KENT STREET
PRIOR LAKE, MN
l o w e r L E V E L
725 SQ. FT. ADDITION
364 SQ. FT. GARAGE ADDITION
725 SF
LOWER LEVEL
364 SF
SUB-GARAGE
297 SF
OPT. PATIO
EXISTING LOWER LEVEL 1026 SF
GARAGE ADDITION
643 SF
HOUSE ADDITION
EXISTING MAIN LEVEL
EXISTING DECK
128 SF
PORCH ADDITION
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F I N I S H E D S Q. F T.
- 725 SQ. FT. LOWER LEVEL ADDITION
- 643 SQ. FT. MAIN LEVEL ADDITION
- 1390 SQ. FT. GARAGE(S) ADDITION
- 1368 SQ. FT. FINISHED TOTAL ADDITION
M A S O N R E M O D E L
3210 KENT STREET
PRIOR LAKE, MN
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Notes: Dimensions, details and conformation to all local codes are to be verified by owner and contractor prior to the start of construction. The designer of the home is not a licensed structural engineer or architect and will assume no responsibility for items including, but not limited to : construction technique, quality of material, workmanship, code adherence, safety, water proofing, insulation, radon, mold/mildew or other designs, specification or construction issues. It is recommended that a licensed engineer review all plans for structural integrity and verify that the home meets code for extraordinary wind or other natural stresses such as flooding, snowfall or substandard bearing soil. All structural members on the plans should be verified by the manufacturer and their licensed engineering staff. Is is also recommended
that a licensed contractor be commissioned to construct the home. All door and window size are approximate rough openings. Specific manufacturer sizes vary and egress openings should be confirmed prior to construction. The home should be flashed and enclosed to meet local code. Sizes of material and products reflect accepted industry standards and in no way indicate a specific manufacturer. All building components to be installed and constructed to selected manufacturer specified installation techniques and in accordance with local building codes. Optional items may be shown on the home, within the landscaping/site plan or in the rendering for illustrative purpose only. Consult builder for standard or included features. c David Charlez Designs 2020.Do not replicate with out permission (952)428-8200. David
Charlez Design retains rights to all plans and detail shown.
david charlez designsdavid charlez designsdavid charlez designsdavid charlez designs
18476 KENRICK AVE. SUITE #202
LAKEVILLE, MN 55044
EMAIL: dave@davidcharlezdesigns.com
PHONE: 952-428-8200
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1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 24-06PC
VARIANCE FROM THE MINIMUM LAKE 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 Pat and Jessica Mason,
property owners, to approve a variance for a reduced lake setback to allow the
construction of an addition and three-car garage on an existing single-family dwelling
located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following
property:
3210 Kent Street SW, Prior Lake, MN 55372 (PID 251330220)
Legal Description: Lots 5 and 6, Block 29 SPRING LAKE TOWNSITE, Scott County,
Minnesota, and that part of Lot 1, Block 29, of said plat lying southwesterly of the following
described line: Beginning at the northwest corner of Lot 4, Block 29, Spring Lake
Townsite; thence north along the northerly extension of the westerly line of said Lot 4, a
distance of 16.00 feet to the south line of said Lot 1, Block 29, of said plat; thence
deflecting to the left at an angle of 30 degrees 08 minutes 00 seconds a distance of 80
feet more or less to the shoreline of Prior Lake and there terminating.
Together with the east 50.00 feet of Lot 7, Block 29, Spring Lake Townsite, Scott County,
Minnesota.
Also together with that part of the vacated 16.00 foot alley in Block 29, as shown on said
plat of Spring Lake Townsite, Scott County, Minnesota, lying west of the northerly
extension of the westerly line of Lot 4, Block 29, of said plat.
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 #DEV20-000009, PDEV24-000010 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.
2
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.”
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.
Meeting the minimum setback requires on a lot of this shape would result in a small buildable
area for an attached garage. The current owners purchased the property in 2014 with the
existing structures.
The condition was not created by the applicant and the proposal to encroach 21.4 feet into
the shoreland 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. A 21.4-foot variance from the required minimum 75-foot lake setback on the westerly side
(Section 1130.402 (4))
3
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 ☐ ☐ ☐ ☐ ☐