HomeMy WebLinkAbout4A - 14756 Cove Ave SE Variance 7-3-24
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: July 8, 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 MINIMUM LAKE SETBACK ON A PROPERTY LOCATED IN THE R-1
(LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY
DISTRICT AT LOT 11, SEVEN ACRES AND LOTS 1, 2, AND 3, KNEAFSEY’S
COVE, 14756 COVE AVENUE SE
DISCUSSION: Introduction
Highmark Builders, on behalf of property owner Jamie A Belzer Revocable Trust, is
requesting a variance from the minimum lake setback to construct a pool. The property
is located at 14756 Cove Avenue SE along the eastern shores of Lower Prior Lake.
The requested variance is listed below and illustrated on the attached survey:
• A 7-foot variance from the minimum 75-foot lake setback. (Subsection 1130.402(4))
Regulation Requirement Proposed Current Variance
Shoreland Setback* 75 ft. 68 ft. 75 ft. 7ft.
History
The property is zoned R-1 (Low Density Residential), is guided R-LD (Urban Low Den-
sity) on the 2040 Comprehensive Plan Land Use Map, and is located in the Shoreland
Overlay District of Lower Prior Lake. The property owner purchased two adjoining lots
in recent years and combined them into one lot, then demolished the southern home
to allow for an addition to the existing single-family home.
Current Circumstances
The applicant is requesting to build a pool in conjunction with the home addition. The
proposed 20 ft. X 40 ft. pool, as shown on the survey, does meet the required 904 ft.
ordinary high water (OHW) setback on the subject property, but the proposed location
does not meet the required OHW setback when the distance is measured across the
property line to the south.
According to the applicant, the shoreline on the adjacent property to the south was
augmented by the addition of a retaining wall and expansion of the sand/beach area
several years ago that changed the 904 ft. contour and impacts the OHW setback on
their lot. Staff is not able to verify the 904 ft. contour was altered, but review of available
aerial photographs do seem to support the applicants claim. In addition, the applicants
surveyor identified elevations in the field and the spot elevations do not match the lo-
cation of the 904 ft. contour on the Scott County GIS website. If the elevations on the
Scott County website were used, as opposed to in the field elevations, a variance would
2
not be required as the proposed pool location would meet the 75 ft. setback require-
ment.
The shoreline is located on the west side of the property. The lot area above the 904
elevation is 119,399 square feet with a large pond to the east. The existing single-
family residence was constructed in 2007 and does not meet standard lakeside set-
backs; the closest point of the existing residence is on the north corner at 71.4 feet.
The proposed pool location is greater than 75’ from the 904 elevation on the subject
property but is 68 feet from the 904 elevation at its closest point on the adjacent parcel.
This setback encroachment is in part a result of a building code requirement requiring
a pool to be constructed six feet from the principal structure, meaning the applicant
cannot place the pool closer to the home to increase the lake setback. The proposed
pool meets the front and side yard setback requirements and is below the maximum
30% impervious surface. If approved, the total impervious surface area for the property
would be 11.4%.
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 July 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 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.”
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 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
3
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.
Although a smaller pool could be installed which would meet the required setback,
the applicant identifies an adjustment to the 904’ contour on an adjacent parcel as
a practical difficulty in complying with the strict adherence to the Ordinance. The
pool, as proposed, cannot meet the required 75-foot OHW setback on the adjacent
parcel due to the addition of a retaining wall and expansion of the beach on the
adjacent property. The condition that creates the practical difficulty was not created
by the landowner, and if approved, will not alter the essential character of the
property.
o Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
Conclusion
City Staff believes the variance requested has merit in that the variance appears to be
necessary only due to the construction of a retaining wall and expansion of the beach
which adjusted the 904 ft. elevation on the adjacent parcel; however, staff also
acknowledges there is discretion regarding the size of the pool and the minimum de-
sign necessary to achieve the desires of the applicant and owners and a smaller pool
design would not require variance approval.
If the Planning Commission, acting as the Board of Adjustment, finds the requested
variance is warranted due to the 904 ft. contour being artificially adjusted on the adja-
cent parcel, staff has prepared a resolution for approval with the following conditions:
➢ The variance resolution shall be recorded at Scott County.
➢ All necessary permits shall be obtained prior to the commencement of construction.
➢ An as-built survey shall be submitted to the Building Department prior to the issu-
ance of a Certificate of Occupancy.
If the Planning Commission, acting as the Board of Adjustment, finds the requested
variance is not warranted, the commission shall direct staff to prepare a resolution for
denial to be considered at the next meeting.
ALTERNATIVES: 1. If the Board of Adjustment finds the requested variance is warranted in this case, a
motion and a second to adopt a resolution approving the variance requested for
14756 Cove Avenue SE with the listed conditions.
2. If the Board of Adjustment finds the requested variance is not warranted in this
case, a motion and a second to deny the variance and direct staff to prepare a
resolution of denial.
RECOMMENDED
MOTIONS:
3. If the Board of Adjustment would like additional information from the applicant about
the requested variance, a motion and a second to table or continue discussion of
the item for specific purpose as directed by the Board.
Alternative No. 1
4
ATTACHMENTS: 1. Resolution 24-07PC
2. Location Map
3. Narrative
4. Previous Residence Survey
5. Proposed Residence Survey
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 24-07PC
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 July 8, 2024, to consider a request from Jeff and Jamie Belzer,
property owners, to approve a variance for a reduced lake setback to allow the
construction of a pool on a lot located in the R-1 SD (Low Density Residential Shoreland)
Zoning District at the following property:
14756 Cove Avenue Southeast, Prior Lake, MN 55372 (PID 258010620)
Legal Description: LOT 11, SEVEN ACRES AND LOTS 1, 2, AND 3 KNEAFSEY’S
COVE, 14756 COVE AVENUE SE.
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
PDEV24-000011 and held a hearing thereon on July 8, 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 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 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.
Although a smaller pool could be installed which would meet the required setback, the
applicant identifies an adjustment to the 904’ contour on an adjacent parcel as a practical
difficulty in complying with the strict adherence to the Ordinance. The pool, as proposed,
cannot meet the required 75-foot OHW setback on the adjacent parcel due to the addition
of a retaining wall and expansion of the beach on the adjacent property. The condition that
creates the practical difficulty was not created by the landowner, and if approved, will not
alter the essential character of the property.
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 pool in the R-1 SD (Low Density Residential
Shoreland) Zoning District:
a. A 7-foot variance from the required minimum 75-foot lake setback (Section 1130.402 (4))
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 and any other necessary permits shall be obtained from the Community
Development 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 8th DAY OF July 2024.
_______________________________
Jason Tschetter, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Johnson Kallberg Tschetter Ringstad Tennison
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
1.Subject property's address is 14756 Cove Avenue SE, Prior Lake,
Minnesota, its property identification numbers are 258010500.
2.The bearing system is based on the North line of Lot 2, KNEAFSEY'S
COVE, which is assumed to bear North 89 degrees 41 minutes 30
seconds West.
3.Field work was completed 1/7/2020.
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.
6.The net area of the subject property is 2.483 Acres or 108,142 square
feet.
NOTES
Net Lot Area = 108,142 sq. ft.
House/Garage = 2,932 sq. ft.
Existing Garage Addition = 131 sq. ft.
Concrete patio/sidewalk = 578 sq. ft.
Detached Garage = 1,576 sq. ft.
Concrete driveways = 2,443 sq. ft.
Four Season Porch = 737 sq. ft.
Stoop = 60 sq. ft.
Boathouse = 262 sq. ft.
Total Impervious = 8,719 sq. ft. or 8.1% of property
HARD COVER CALCULATIONS
Lot 11, SEVEN ACRES, Scott County, Minnesota.
and
Lots 1 and 2, KNEAFSEY'S COVE, Scott County, Minnesota.
together with that part of the vacated waterfront lying
adjacent thereto
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 18th day of April, 2023
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
The vertical datum is based on NGVD29 datum.
Benchmark #1
Top nut hydrant at 6495 Kneafseys Street.
Elevation = 910.93
Benchmark #2
Top nut hydrant at 14720 & 14730 Cove Avenue.
Elevation = 910.00
BENCHMARK
FOUND OPEN 1/2" PIPE
UNLESS OTHERWISE NOTERD
MAIL BOX
POWER POLE
LIGHT POLE
AIR CONDITIONER UNIT
ELECTRIC BOX
GUY WIRE
TELEPHONE PEDESTAL
LEGEND
SET MONUMENT
FLARED END SECTION
TELEVISION PEDESTAL
MANHOLE
CATCH BASIN
HYDRANT
EXISTING SPOTELEVATION
EXISTING CONTOUR
OVERHEAD UTILITY LINE
EXISTING FENCE LINE
PAVER SURFACE
BITUMINOUS SURFACE
CONCRETE SURFACE
GRAVEL SURFACE
RETAINING WALL
DRAWN BY
DATE
REVISIONS
PL0
41
CAD FILE
661s.GZJ
PROJECT NO.
66
FILE NO.
11
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A. 111 AsEXilt sXrYe\
1.Subject property's address are 14756 and 14770 Cove Avenue SE,
Prior Lake, Minnesota, its property identification numbers are
258010500 and 251160030.
2.Per Zoning Letter dated 09/07/2023, prepared by the City of Prior Lake,
the current zoning of the property is R-1SD (Low-Density Residential in
Shoreland) and is guided R-LD (Urban Low Density) on the 2040
Comprehensive Plan Land Use Map.
3.The property lies within Flood Plain Zones AE (Base Flood Elevations
determined - 907), X (Areas of 0.2% annual chance flood), and X (areas
determined to be outside the 0.2% annual chance flood plain) per
Federal Insurance Rate Map No. 27139C0157E dated 02/12/2021.
4.The bearing system is based on the North line of Lot 2, KNEAFSEY'S
COVE, which is assumed to bear North 89 degrees 41 minutes 30
seconds West.
5.Field work was completed 1/7/2020.
6.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.
7.The following title commitments were provided and referenced in the
process of conducting this survey: File No. 52602, first supplemental,
dated 02/23/2017 issued by Commercial Partners Title, LLC as agent for
Old Republic National Title Insurance Company; File No. 52838 dated
04/14/2017 issued by Commercial Partners Title, LLC as agent for Old
Republic National Title Insurance Company; and File No. 59505, revision
2, dated 07/28/2023 issued by CHB Title, LLC as agent for Old Republic
National Title Insurance Company.
NOTES
Net Lot Area = 119,399 sq. ft.
Existing House/Garage = 3,063 sq. ft.
Existing Stoop = 60 sq. ft.
Existing Four Season Porch = 737 sq. ft.
Existing Boathouse = 262 sq. ft.
Existing Detached Garage = 1576 sq. ft.
Proposed Addition = 2,359 sq. ft.
Proposed Driveway = 3,094 sq. ft.
Proposed Sidewalks = 100 sq. ft.
Proposed Pool = 740 sq. ft.
Proposed Pool Surround/Upper Patio = 703 sq. ft.
Proposed Spa = 119 sq. ft.
Proposed Spa Surround/Lower Patio = 626 sq. ft.
Proposed Stairs & Landing = 93 sq. ft.
Proposed pool mechanics = 128 sq. ft.
Total Impervious = 13,660 sq. ft. or 11.4% of property
HARD COVER CALCULATIONS
Lot 11, SEVEN ACRES, Scott County, Minnesota.
and
Lots 1 and 2, KNEAFSEY'S COVE, Scott County, Minnesota,
together with that part of the vacated waterfront lying
adjacent to said Lot 2
and
Lot 3, KNEAFSEY'S COVE, Scott County, Minnesota,
together with that part of the vacated waterfront lying
adjacent thereto
PROPOSED 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 18th day of September, 2023
Marcus F. Hampton MN L.S. No. 47481
SURVEYOR'S CERTIFICATE
The vertical datum is NGVD29.
Benchmark #1
Top nut hydrant at 6495 Kneafsey Street.
Elevation = 910.93
Benchmark #2
Top nut hydrant at 14720 & 14730 Cove Avenue.
Elevation = 910.00
BENCHMARKS
FOUND OPEN 1/2" PIPE
UNLESS OTHERWISE NOTERD
MAIL BOX
POWER POLE
LIGHT POLE
AIR CONDITIONER UNIT
ELECTRIC BOX
GUY WIRE
TELEPHONE PEDESTAL
LEGEND
SET MONUMENT
FLARED END SECTION
TELEVISION PEDESTAL
MANHOLE
CATCH BASIN
HYDRANT
EXISTING CONTOUR
OVERHEAD UTILITY LINE
EXISTING FENCE LINE
PAVER SURFACE
BITUMINOUS SURFACE
CONCRETE SURFACE
GRAVEL SURFACE
RETAINING WALL
DRAWN BY
DATE
REVISIONS
PL0
10
CAD FILE
6610FoPEolls.GZJ
PROJECT NO.
6600
FILE NO.
10
SHEET 1 OF 1
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A. 10 E[istiQJ pDrFels
LANDSCAPE MATERIAL
Lot 3, KNEAFSEY'S COVE, Scott County, Minnesota.
together with that part of the vacated waterfront lying
adjacent thereto
EXISTING DESCRIPTION FOR PARCEL B
Lot 11, SEVEN ACRES, Scott County, Minnesota.
and
Lots 1 and 2, KNEAFSEY'S COVE, Scott County, Minnesota.
together with that part of the vacated waterfront lying
adjacent to said Lot 2.
EXISTING DESCRIPTION FOR PARCEL A
(PID No. 251160030)(PID No. 258010500)The net area (lying above the OHW Line) of existing Parcel
A is 2.483 Acres or 108,142 square feet.
The net area (lying above the OHW Line) of existing Parcel
B is 0.258 Acres or 11,257 square feet.
The net area (lying above the OHW Line) of the proposed
combined property is 2.741 Acres or
119,399 square feet.
PROPERTY AREAS
B. 101 DesFriptioQs
C. 514 ProposeG DGGitioQ
D. 54 DiPeQsioQ
E. 54 Prop. pool
F. 644 Cit\ FoPPeQts
*. 614 40
Pool