HomeMy WebLinkAbout4D_ 2523 Spring Lake Rd SW Variances PC report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: November 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 SHORELAND AND FRONT YARD SETBACK, AND IMPERVIOUS SUR-
FACE ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT LOT 3, PART OF
LOT 2, AND PART OF VACATED WATERFRONT, BUTTERNUT BEACH, 2523
SPRING LAKE ROAD SW
DISCUSSION: Introduction
James Pierce representing Gavnat Properties LLC, the property owners, and Taylor
Tschida of Land and Resource Consulting, applicant, are requesting a variance from
the zoning code for the construction of a single-family home. The subject property, lot
3, part of lot 2, and part of vacated waterfront, Butternut Beach, is located at 2523
Spring Lake Road SW along the northeast shore of Spring Lake, PID: 251310020. The
requested variances are listed below:
• A 12-foot variance from the required minimum setback from the Ordinary High Wa-
ter Level (OHWL) based on averaging. (Subsection 1130.407(2))
• An 8-foot variance from the minimum front yard setback based on averaging. (Sec-
tion 1123.)
• A 6.2% variance from the maximum impervious surface. (Section 1130.)
Regulation Requirement Proposed Current Variance
Front Yard Setback 20 ft. 12 ft. 15 ft. 8 ft.
Shoreland Setback* 50 ft. 38 ft. 31 ft. 12 ft.
Impervious Surface 30% 36.2% 38.4% 6.2%
* Dwelling currently 31.1 feet from OHWL; detached accessory structure currently 20’
from OWHL.
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
2523 Spring Lake Road SW Current Condition
Side
Yard
Front
Yard
Rear Yard
Shoreland
Impervious Lot Width
2
<9/5 ft. 27.7 ft. 31.1 ft. 38.4% ~65 ft.
2523 Spring Lake Road SW Proposed Condition (New Single-Family Home)
Side Yard Front Yard OHWL Shoreland Impervious
10/5 ft. 12 ft. 38.0 ft. 36.2%
The property owner proposes to construct a single-family home. The lot is approxi-
mately 65 feet wide and approximately 6,035 square feet in area above the OHWL.
The existing dwelling is 937 square feet with a driveway, decking and garage, for a
total of 2,315 square feet of impervious surface. The current home is 31.1feet from the
OHWL at its closest point.
The parcel is located on the northeast shore of Spring Lake on a narrow and shallow
lot. It is bounded to the north by Spring Lake Road SW/C.S.A.H No. 12 and to the south
by Spring Lake. Many of the homes in this neighborhood are compact and are situated
closer to the property lines than code allows.
The 100-year flood elevation is at 914.4 feet. The Regulatory Flood Protection Eleva-
tion for Spring Lake is one (1) foot above the 100-year flood elevation at 915.4 feet.
The home will be above the Regulatory Flood Protection Elevation and finished grade
will be around 922 feet.
The proposed home footprint is 1,366 square feet and is slab-on-grade. All living space
will be above grade. This is a 451.6 foot increase from existing 937 square foot home.
The driveway, walks and patio are currently at 996 square feet and will be reduced to
378 square feet. The decrease in front yard setback has reduced the impervious sur-
face by shortening the proposed driveway length. Although well below the 24-foot max-
imum width at the property line, there should be ample room for two cars.
A site visit was conducted on November 4, 2024. It was observed that adjacent homes
are closer to the shoreland and road than the permitted 50 feet for the OHWL setback
and 20 feet for the front yard setback (both based on averaging). The requested set-
back 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 31.1 feet from the OHWL. The proposed single-family dwelling
would be 38 feet from the OHWL that surrounds the buildable area on all sides that
front the OHWL. This balances the need for storm water discharge with the need for
sufficient driveway parking areas.
Front yard Setback: Subsection 1141.500(5) states the following:
3
➢ 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) ex-
isting 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.
The front yard setback requirement generally mandates a 25-foot distance, but aver-
aging setbacks with nearby properties allows a reduced setback of 20 feet. The pro-
posed design requests a reduction to a 12-foot setback from the front lot line. This
positioning balances the need for a front parking area while minimizing encroachment
on the shoreland setback at the rear, aligning the new home’s placement with the char-
acter of nearby properties.
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 sur-
face coverage shall be documented by a certificate of survey at the time of any
zoning or building permit application.
The applicant is requesting a 6.2% increase from the maximum impervious surface
based on the net lot area. The zoning code restricts impervious surface coverage to
30% of the lot area to help manage water runoff and maintain environmental integrity.
The proposed design requests an increase to 36.2% impervious coverage. This in-
crease reflects the unique constraints of the lot and the necessity of paved areas, while
still aligning with the neighborhood’s character and accommodating the property’s use.
In this case, the property owner is proposing a slab on grade home with a tuck under
garage, which minimizes the livable square footage of the home. The proposed layout
reduces the total area of hardscaping near the property line, enhancing site conditions
relative to current coverage.
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 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
4
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 narrow lot of 67.5 feet at the buildable set-
back constrains the width of the home.
The shallow depth of the lot at approximately 90 feet constrains the length
of the home if a rear setback is set at 50 feet and a front setback of 20 feet.
This strict adherence would limit the length to 20 feet.
This lot is 6,035 square feet which is less than half the lot minimum for the
shoreland district. The proposal is a reduction of the current impervious sur-
face use and represents a modest increase relative to the size of the lot.
Additionally, do the elevations and topography, the lot limits the ability to
build a basement. The home will be slab-on-grade and square footage will
be above grade.
The condition was not created by the applicant and the proposal represents
a reasonable use.
The proposed reduction is similar to, if not less than, setbacks and
impervious surfaces found throughout the north shoreline of Spring Lake.
There are some lots which feature setbacks near zero (0) feet. In the context
of the surrounding properties, the request is in keeping with the
neighborhood character.
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 variances are warranted and necessary to allow for
construction of a single-family home due to the non-conforming area of the lot, shallow
depth of 90 feet, and narrow width of 67.5 feet at the buildable setback of 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 these constrains. Therefore, City Staff rec-
ommends approval of the requested variance with the following conditions:
➢ The variance resolution shall be recorded at Scott County.
➢ A Building Permit shall be obtained from the Building Department prior to the com-
mencement of construction.
5
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
2523 Spring Lake Road SW with the listed conditions or approve any variance 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 24-14PC
2. Location Map
3. Narrative
4. Survey and Plan dated 10/21/2024
5. Scott County Comment Letter
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 24-14PC
VARIANCE FROM THE FRONT YARD AND SHORELAND 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 2523 SPRING LAKE ROAD SW
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on November 13, 2024, to consider a request from James Pierce of
Gavnat Properties LLC, the property owner, and Taylor Tschida of Land and
Resource Consulting, for variances from the minimum shoreland setback, front yard
setback, 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 251310020)
Legal Description: LOT 3, PART OF LOT 2, AND PART OF VACATED
WATERFRONT, BUTTERNUT BEACH, Scott County, Minnesota.
Address: 2523 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 #DEV24-000036 and held a hearing thereon on November 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.
2
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.”
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 narrow lot of 67.5 feet at the buildable setback constrains the width of the
home.
The shallow depth of the lot at approximately 90 feet constrains the length of the home if a
rear setback is set at 50 feet and a front setback of 20 feet. This strict adherence would limit
the length to 20 feet.
This lot is 6,035 square feet which is less than half the lot minimum for the shoreland district.
The proposal is a reduction of the current impervious surface use and represents a modest
increase relative to the size of the lot. Additionally, do the elevations and topography, the lot
limits the ability to build a basement. The home will be slab-on-grade and square footage
will be above grade.
The condition was not created by the applicant and the proposal represents a reasonable
use.
The proposed reduction is similar to, if not less than, setbacks and impervious surfaces
found throughout the north shoreline of Spring Lake. There are some lots which feature
setbacks near zero (0) feet. In the context of the surrounding properties, the request is in
keeping 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:
3
a. A 12-foot variance from the required minimum setback from the Ordinary High Water Level
(OHWL). (Subsection 1130.407(2))
b. A 8-foot variance from the required front yard setback. (Subsection 1141.500(5))
c. An 6.2% 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.
PASSED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2024.
_______________________________
Jason Tschetter, Commission Chair
ATTEST:_________________________________
Casey McCabe, Community Development Director
Vote Tschetter Pasquarette Fenstermacher Tennison Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
1
10-21-2024
14260 23rd Avenue N • Plymouth • Minnesota
Taylor Tschida
Land & Resource Consulting, Inc.
14260 23rd Ave. N
Plymouth, MN 55447
RE: Narrative for Request for Variance
2523 Spring Lake Road, City of Prior Lake, Scott County, Minnesota
City of Prior Lake,
We are writing to request review and consideration to approve three variances on the property of 2523 Spring Lake Rd.,
City of Prior Lake, Scott County, Minnesota. The property owner is proposing a demolition of the existing home, detached
garage, and driveway to construct a new slab on grade single-family home. The three variances being requested are for
the front yard setback, rear yard setback from Ordinary High Water (OHW), and an impervious surface maximum coverage.
The property owner is requesting to decrease the front yard setback from 25’, as required for R-1 zoning, to 12’. This is to
allow a better fit for the proposed house design within the limits of the lot while not approaching any further toward the
OHW than the existing house. This variance would also help with the front of the house alignment in relation to the
neighboring houses. Speaking to the neighbors to the east side of the property, they are encouraging of any decrease of
the front yard setback if it means an improvement of their site line and view of the lake. As shown on the attached variance
exhibit, the adjacent properties to the west and east both have front yard distances that are less than 25’ from the house
to the right-of-way. The average front yard distance between the two adjacent properties is an estimated 15.8’. This
average reduces to an estimated 11’ if the next two adjacent properties were included.
The second variance request is to decrease the rear yard setback from OHW from 50’, as required by Zoning Code
1130.407(2), to 38’. This request accounts for a couple of items on this property as it correlates to improvements,
constructability, and neighboring houses. The proposed house placement would decrease the distance between the OHW
and the nearest point of a principal structure by over 7’. Removing the existing garage would also improve the distance
from the OHW to a structure which currently sits at 20’. By replacing the existing house and garage with this proposed
footprint, this expands the lake view for this property and the neighboring property to the east. For constructability purposes,
if the required front and rear yard setbacks were in place, the maximum depth of a new house would be 15’ on the west
side setback and 27’ on the east side setback. Those distances would create an unreasonably small and irregularly shaped
building envelope for the proposed house design for an already small lot.
The third variance request for this property is to increase the impervious surface maximum coverage percentage for new
construction from 30%, Zoning Code 1130.405, to 36.2%. The existing impervious surface for the property is at 38.4%.
Ultimately, the proposed design will decrease the overall impervious surface on the site. Since any dwelling on this property
is unable to dig down for a basement, the proposed design goes with a wider footprint than existing, but it combines the
garage rather than splitting into a separate slab. Given the small lot sizes along Spring Lake Rd., the impervious surface
being proposed is on the lower side when compared to the adjacent lots.
We offer the following responses to the Zoning Code variance criteria:
(1) There are practical difficulties in complying with the strict terms of the Ordinance. “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 Ordinance. Economic considerations alone do not constitute
practical difficulties.
Gavnat Properties LLC
2523 Spring Lake Rd, Prior Lake, MN
2
Given the small property size, we believe the proposed design not only is using the property in a reasonable manner but
improving the overall environmental impact of the land. By removing the existing house and garage that sit within 31’ and
20’ from the OHW respectively and placing a new home further away from the lake, this adds more greenspace for the
backyard.
(2) The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and
Zoning Ordinances and the Comprehensive Plan.
Proposing a new single-family home to replace the existing single-family home supports the shared purposes of the
subdivision, zoning, and comprehensive plan of the neighborhood.
(3) The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of
the property and is not a mere convenience to the property owner and applicant.
This property, given its size, shape, setback and impervious surface requirements, results in a challenging and unique
situation from a constructability standpoint. If the three variances were granted, the proposed design would improve
existing conditions by providing less impervious surface coverage and increasing the rear yard distance to the OHW.
(4) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the
health and safety of the public welfare.
The proposed home will offer the same use and integrity as before, with the exception of being a new home. It will not
increase traffic, nor will it have any increased utility impact to the neighborhood. By shifting the home closer to the front
of the property, it will create a better transition of setback and alignment with the adjacent properties (Refer to Site Plan
Exhibit).
(5) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning
district where the subject property is located.
The replacement of the single-family home with a new single-family home will result in the same usage of the property
and no difference in features than what is already there. The existing and proposed use is in compliance with the existing
land use designation and the comprehensive plan.
Refer to the Appendices for the Mailing Labels, Radius Map, Certificate of Survey, and Site Plan Exhibit
Sincerely,
Land & Resource Consulting Inc.
Taylor Tschida, Designer
Gavnat Properties LLC
2523 Spring Lake Rd, Prior Lake, MN
3
Appendix A: Mailing Labels & Radius Map
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PROPOSED HOUSE
GARAGE
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Remove Existing Home
Remove Existing
Garage & Concrete
Remove Existing
Driveway
38
.
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'
38
.
9
'
Date: 10/21/2024
City: Prior Lake, MN
PID: 251310020
Site Plan
Existing Zoning:R-1, Low Density Residential
Site Information
Legend
Setback
Front Setback:
Side Setback:
Rear Setback:
Required
25'
15' (Cumulative, Min. 5')
50 from OHW
Zoning Requirements
Provided
12'
15' (Cumulative, Min. 5')
38' from OWH
0 20 40
NN
20 scale
2523 Spring Lake Road
Project By: Jim Pierce
14260 23rd Ave N
Plymouth, MN 763-340-0699
SBL
Total Lot Area (Above OHW)
House Area:
Garage Area:
Deck Area:
Driveway/Walk/Pads Area:
Total Impervious Area:
Existing
6,035 s.f.
937 s.f.
264 s.f
118 s.f.
996 s.f.
2,315 s.f. (38.4%)
Lot Calculations
Provided
6,035 s.f.
1,366 s.f.
440 s.f.
N/A
378 s.f.
2,184 s.f. (36.2%)
SCOTT COUNTY TRANSPORTATION SERVICES DIVISION
PROGRAM DELIVERY· TRAFFIC· HIGHWAY OPERATIONS· MOBILITY MANAGEMENT
GOVERNMENT CENTER EAST, 200 FOURTH AVENUE WEST· SHAKOPEE, MN 55379
(952) 496-8346 · Fax: (952) 496-8365 · www.scottcountymn.gov
LISA J. FREESE ANTHONY J. WINIECKI, P.E.
Transportation Services Director County Engineer
An Equal Opportunity/Safety Aware Employer
November 6, 2024
Paul Morretto, Planner
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
SUBJECT: 2523 Spring Lake Rd SW
Dear Paul,
We have reviewed the variance requests for 2523 Spring Lake Drive SW to allow a home to be
constructed with a front yard setback of 12 feet from the CH 12 right of way line, and we have
the following review comments:
• A county permit is required for the proposed driveway.
• No grading, berming, or landscaping is permitted in the County right of way, and any
work within the right of way shall require a county permit.
Thank you for the opportunity to review the proposed variances. If you have questions or need
further information, please contact me at tdill@co.scott.mn.us or 962-496-8839.
Sincerely,
Terri Dill
Principal Planner – Transportation
Cc: Lisa Freese, Transportation Services Director
Tony Winiecki, County Engineer
Craig Jenson, Transportation Planning Manager