HomeMy WebLinkAbout4A - 14535 Pine Rd NE Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: October 28, 2024
AGENDA #: 4A
PREPARED BY:
PRESENTED BY:
PAUL MORETTO, PLANNER
PAUL MORETTO
AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING VARIANCES ON
A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DIS-
TRICT AND SHORELAND OVERLAY DISTRICT AT 14535 PINE ROAD NE
DISCUSSION: Introduction
Bradley Rixmann, the property owner, and Warren Israelson, the applicant, are re-
questing variances from the zoning code for the construction of a single-family home.
The subject property, Lot 6, Block 1 of North Shore Crest, is located at 14535 Pine
Road NE along the north shore of Lower Prior Lake, PID: 250400060. The requested
variances are listed below:
• Allow for a 40-foot minimum setback from the Ordinary High Water Level
(OHWL). (Subsection 1130.407(2))
• Allow for a 12.41-foot corner side yard setback. (Subsection 1141.500(6))
• Allow for a 17.8-foot front yard setback (Subsection 1141.500(5))
• Allow for 13.5 ft. between primary, adjacent, structures. (Subsection
1123.201(6)(a))
• Allow for 38.05% impervious surface exceeding the 30% maximum. (Subsec-
tion 1130.405 (2)). Note, total impervious surface coverage includes the net lot
area only. Total impervious coverage, including the public street, would be
40.74% if approved. More detail is provided within this report.
Regulation Requirement Proposed Current Variance
Front Yard Setbacks 20 ft. 17.8 ft. 22.1 ft. 2.2 ft.
Corner Side Yard Setback 20 ft. 12.41 ft. 16.9 ft. 7.59 ft.
Shoreland Setback 61.5 ft. 40 ft. 41.6 ft. 21.5 ft.
Distance to Adjacent Structure 15 ft. 13.5 ft. 15 ft. 1.5 ft.
Impervious Surface* 30% 38.05% 51.21% 8.05%*
*Excludes portion of paved public street (Pine Road NE) located on this parcel.
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 lies within the
Shoreland Overlay District of Prior Lake.
The applicant has met with staff multiple times to review various proposals. At each
meeting staff has recommended reductions and modifications to the plan and the ap-
plicant has made efforts to minimize the requested variances.
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Current Circumstances
14535 Pine Road NE Current Condition
Side Yard Front
Yard
OHWL
Shoreland
Impervious Adjacent
Dwelling
Lot Width
16.9 ft. 22.1 ft. 41.6 ft. 51.21% 14.5 ft. 53.5 ft.
14535 Pine Road NE Proposed Conditions (New Single-Family Home)
Side Yard Front
Yard
OHWL
Shoreland
Impervious Adjacent
Dwelling
12.41 ft. 17.8 ft. 40.0 ft. 38.05% 13.5 ft.
The parcel is located on the north shore of Lower Prior Lake. It is situated at the end
of Pine Road NE which terminates at the lake but is not a public access to the lake.
The applicant proposes to remove the existing home, retaining walls and boat house
and construct a new single-family home. The lot is approximately 54 feet wide and
approximately 7,190 square feet. The existing dwelling is approximately 1,660 square
feet and the parcel includes a large amount (3,522 sq. ft.) of impervious surface due to
a large driveway/parking surface, patios and paths. A portion of the paved portion of
Pine Road encroaches onto the lot. This area of pavement has been exempted from
the impervious surface calculation and the lot area calculation, so there is neither a
benefit nor an impediment to the impervious surface total.
The existing home has aged and is in need of significant repairs, so the applicant is
proposing to remove the existing structure and construct a new home. The lot is limited
in width and area and is substandard to the 100-foot lot width and 15,000 square foot
requirement on general development lakes. To the east of this lot is a bluff condition.
This condition is extremely limited on this lot and only encroaches approximately five
feet on the east lot line. The property owner will need to preserve the bluff condition
and minimize any impact during construction. Additionally, an existing wall on the ad-
jacent lot will need to be evaluated for structural stability in coordination with the pro-
posed new home construction.
This is a unique lot in Prior Lake. The lot’s northern and western side is completely
flanked by Pine Road NE and terminates at the lake. A portion of the paved portion of
Pine Road NE also encroaches into the lot creating a challenging condition. Although
not in a bluff, a majority of the lot features significant changes in topography that limit
the locations of driveways, garages, and building footprints. While all of these chal-
lenges persist, the applicant has developed a proposal which removes existing imper-
vious surface, accessory structures, and patios while reducing overall impervious sur-
face.
The application also proposes a unique solution to a topographical difficulty on the lot.
The proposed home has two drives that are a total of 24 feet wide at the right-of-way
line. This allows for an upper, single stall, driveway to a single stall garage that is longer
and a second, two stall, driveway to a two-stall garage that is shorter to accommodate
setbacks. The applicant is proposing to include a lower-level accessory apartment,
which is allowed by Subsection 1122.300 to occupancy by an immediate family mem-
ber. City Code requires a minimum of two off-street parking spaces be provided for an
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accessory dwelling unit; the second driveway and garage will accommodate the re-
quired off-street parking for an accessory apartment.
A site visit was conducted in August of 2024. It was observed that the road and stee
terrain create for a challenging site. Staff feels this proposed home makes great efforts
to build on a complex lot.
Shoreland Setback: Subsection 1130.407(2) states the following:
On shoreland parcels that have two adjacent parcels with existing principal structures
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 structures from
the Ordinary High Water Level (OHWL) or 50 feet, whichever is greater, provided all
other provisions of the Shoreland Overlay District are complied with.
The lot to the east, 14539 Pine Road NE, is 83 feet from the closest point to the OHWL
and the lot to the west, 14530 Pine Road NE, is 39.9 feet. to the OHWL. The average
setback is 61.45 feet to the OHWL setback. The applicant is proposing to construct a
new home at an OHWL setback of 40 feet at its closest point at the southwest corner
and 51.29 feet at the southeast corner of the home. In addition, the applicant is pro-
posing to replace an existing retaining wall with a newly constructed wall at the rear of
the home. Prior Lake City Code considers retaining walls greater than four feet in height
to be a structure. The retaining wall will sit approximately 22 feet from the OHWL at its
closest point.
Front yard Setback: Subsection 1141.500(5) states the following:
The depth of the front yard of a lot shall be at least 25 feet. The depth of the required
front yard may be reduced if the average depth of at least two (2) existing front yards,
for buildings within 150 feet along the same block front of the lot in question is less than
25 feet. However, the depth of a front yard shall not be less than 20 feet.
Lot Area (sf) Lot Width(ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft)
12,000 86 25 10 25
The existing home is 22.1 feet from the front lot line. The proposed structure will be
17.8 feet at the closest point in the northwest corner of the parcel and approximately
27 feet at the northeast corner of the parcel. Setback averaging allows for 20 feet based
on the average setback of adjacent parcels. The site design favors encroaching closer
to the front property line to limit encroachment to the rear OHWL setback while also
preserving a parking space in the front driveway.
Side yard Setback: Subsection 1141.500(6) states the following:
Through lots and corner lots shall have a required front yard on each street.
The required side yard is 20 feet which is the same as the front yard setback based on
averaging. The intension of the larger corner yard for corner lots is to preserve sight
lines and to keep a consistent feel in the neighborhood. Pine Road NE terminates at
the end of the subject lot. The impact of the request is minimized due to the terminus
of Pine Road NE at Prior Lake and there are no structures along the eastern portion of
Pine Road NE south of this property.
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Adjacent Structure Setback: Subsection 1123.200(6)(a) states the following:
Nonconforming lots of record in the R-1 and R-2 Zoning Districts may have side yards
of not less than five (5) feet if the following criteria are met: The sum of the side yards
on the nonconforming lot is at least fifteen(15) feet; No yard encroachments are located
within five (5) feet of an adjoining lot; and a minimum separation of fifteen (15) feet is
maintained between all principal structures on the nonconforming lot and on the ad-
joining lot.
The proposed home will be closer than 15 feet. This was to provide an adequate park-
ing space on the western driveway.
Impervious Surface: Subsection 1130.405(2) states the following:
Impervious surface coverage for lots in all Districts shall not exceed 30% of the lot area,
except as provided in the following provisions. Such impervious surface coverage shall
be documented by a certificate of survey at the time of any zoning or building permit
application.
The applicant is requesting an 8.05% increase from the maximum impervious surface
based on the net lot area. The total lot area for this parcel is 7,190 sq. ft. above the
904’ OHWL; however, the parcel includes 312 sq. ft. of impervious surface coverage
due to paved portions of Pine Road NE encroaching onto the subject parcel. To ad-
dress this, city staff recommended the applicant removed the paved street area from
their proposed impervious surface coverage and also remove the 312 sq. ft. from the
total lot area so there is neither a benefit nor an impediment to the impervious surface
total. The proposed design reduces the existing impervious surface by 13.16% and
improves the existing 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,
the Shoreland Regulations (Section 1130) state, “it is in the best interests
of the public health, safety, and welfare to provide for the wise development
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.
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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. This is a unique lot with many challenging land features. The
small lot width of approximately 53 feet with a corner side yard creates chal-
lenges for side yard setbacks and structure adjacency. The topography of
the lot requires unique considerations for the placement of the structure and
its arrangement. The impervious surface request is consistent with lots of
this size and represents an overall reduction in impervious surface to the
existing condition.
4) Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
Conclusion
City Staff believe the requested variance is warranted and necessary to allow for con-
struction of a single-family home due to the existence of the narrow lot width, small lot
size, a corner-lot adjacent to a road, protection of adjacent bluffs, challenging topogra-
phy, and limited buildable space. The proposed relief provided by the variances allows
for a reasonable single-family home to be built on this lot. Therefore, City Staff recom-
mends approval of the requested variance with the following conditions:
➢ The variance resolution shall be recorded at Scott County.
➢ The applicant shall submit a survey completed by a surveyor licensed in the State
of Minnesota to confirm all approved setbacks are met prior to applying for a build-
ing permit.
➢ The applicant shall submit a soil report from a licensed engineer prior to demolition
of the existing structure to ensure the stability of the soil and protection of adjacent
structures.
➢ A demolition permit shall be obtained from the City of Prior Lake prior to removing
the existing structure.
➢ A 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 variances re-
quested for 14535 Pine Road NE with the listed conditions or approve any vari-
ances 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 direct staff to prepare a resolution to deny the
variances requested because the Planning Commission finds a lack of demon-
strated practical difficulties under the zoning code criteria.
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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. Location Map
2. Narrative
3. Concept Site Plan dated 9-30-24
4. Building Elevations
5. Resolution 24-11PC
6001 Egan Drive
Suite 100
Savage, MN 55378
To: City of Prior Lake From: KJ Walk, Inc.
Warren Israelson
6001 Egan Drive, Suite 100
Savage, MN 55378
Date: 9/30/2024
Re: Variance Narra ve for 14535 Pine Road NE
This le er is to address, in wri ng, the issues to be considered during the variance request public
hearing.
(1) Prac cal Difficul es: The prac cal difficul es at 14535 Pine Road NE are due to the small lot,
significant grade change and street frontage along 2 sides of the lot. The small lot makes mee ng
the 30% coverage impervious requirement very difficult. There is twenty feet of grade change along
the street from the NE corner of the lots to the SW corner; this makes driveways challenging because
of the steep street. In addi on to the grade change along the street, the easterly lot line also
increases to a maximum of thirty feet above the 904 eleva on at the SW corner of the lot. These
significant grade changes result in the house needing to be specially designed and engineered to
work with the grade change on the lot. The house we have designed uses two garages to minimize
the steepness of the driveways that would result from trying to fit a standard 3 car garage on the
home; the combined driveway width at the back of curb is 24’ to meet that standard. Also, the
easterly walls of the home are to act as retaining walls and an addi onal retaining wall is proposed
to the south of the home to maintain the exis ng grade along the easterly lot line and minimize any
impact to the neighbor to the east.
(2) Harmony with Codes: When originally developed, codes were obviously different than today. While
we are reques ng these variances, we have taken into considera on the intent of the current codes
and feel that we’ve come up with a home that finds a middle ground to allow for a modern home
fi ng into the older neighborhood. As an example, while the exis ng home has no garage and
depends on a substan al blacktop pad stretching 56’ behind the curb along the north side of the lot
for parking, we’ve added parking for 3 vehicles in garage stalls, plus two addi onal parking spaces in
the driveways while reducing the blacktop at the back of curb to just 24’ of width. We’ve tried to
op mize the floorplan, making it as wide as possible, to provide as much setback from the lake as we
could. We are proposing retaining walls to eliminate any impacts to the bluff along the easterly lot
line. The exis ng boat house was removed to minimize impervious surface on the lot.
(3) Unique: This is a unique lot, being adjacent to a boat launch on the west and a bluff area on the east
side. The current configura on of mul ple retaining walls on the lots, including some ght to the
back of curb, makes for a challenging property to maintain. As a result, we are proposing to make
major improvements to remove all of the exis ng retaining walls and use the house and a single
addi onal retaining wall to achieve a much more maintainable lot which takes full advantage of
being able to have a walkout style basement, allowing for addi onal usable living space without
adding more impervious surface to the lot.
(4) Character of the Neighborhood: When originally developed, most of the homes constructed in the
area were cabins, however many of those homes have become or are now becoming full me
homes, like this one. The home we are proposing is designed to be consistent in size with the
renovated proper es being u lized on a full me basis and provide a layout and ameni es that
would be consistent with other renovated proper es located on Prior Lake.
(5) Use: We are proposing a single family home, consistent with the comprehensive plan and zoning
district in place.
Thank you,
Warren Israelson, P.E.
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FRONT ELEVATION 3/8" = 1'-0"
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ORIGINAL 10/14/2024
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WEST ELEVATION 1/8" = 1'-0"
REAR ELEVATION 1/8" = 1'-0"
FRONT ELEVATION 1/8" = 1'-0"
EAST ELEVATION 1/8" = 1'-0"
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 24-11PC
VARIANCE FROM THE FRONT YARD AND CORNER SIDE YARD SETBACK, THE SHORELAND
SETBACK, ADJACENT STRUCTURE SETBACK, AND IMPEVIOUS SURFACE MAXIMUM TO
ALLOW A SINGLE-FAMILY HOME ON A PROPERTY IN THE R-1 SD (LOW DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT AT 14535 PINE ROAD NE.
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on October 28, 2024, to consider a request from Bradley Rixmann,
the property owner, and Warren Israelson, the applicant, are requesting a variance
from the minimum shoreland setback, front yard setback, side yard setback, distance
to adjacent structure, and the maximum impervious surface limits 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 250400060)
Legal Description: Lot 6, Block 1 of North Shore Crest, Scott County, Minnesota.
Address: 14535 Pine Road NE, 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 #DEV24-000031 and held a hearing thereon on October 28, 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
2
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. This
is a unique lot with many challenging land features. The small lot width of approximately 53
feet with a corner side yard creates challenges for side yard setbacks and structure
adjacency. The topography of the lot requires unique considerations for the placement of
the structure and its arrangement. The impervious surface request is consistent with lots of
this size and represent an overall reduction in impervious surface to the existing condition.
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 21.5-foot variance from the required minimum setback from the Ordinary High Water Level
(OHWL). (Subsection 1130.407(2))
b. A 7.59-foot variance from the required corner side yard setback. (Subsection 1141.500(6))
c. A 2.2-foot variance from the required front yard setback. (Subsection 1141.500(5))
d. A 1.5-foot variance from the required distance to adjacent structure. (Subsection
1123.200(6)(a)
e. An 8.05% variance from the required maximum impervious surface. (Subsection
1130.405(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.
c. The applicant shall submit a survey completed by a surveyor licensed in the State of
Minnesota to confirm all approved setbacks are met prior to applying for a building permit.
d. The applicant shall submit a soil report from a licensed engineer prior to demolition of the
existing structure to ensure the stability of the soil and protection of adjacent structures.
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e. A demolition permit shall be obtained from the City of Prior Lake prior to removing the
existing structure.
PASSED AND ADOPTED THIS 28TH DAY OF OCTOBER 2024.
_______________________________
Jason Tschetter, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tschetter Johnson Kallberg Tennison Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐