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HomeMy WebLinkAbout5A 14535 Pine Rd NE Variance PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: December 9, 2024 AGENDA #: 5A PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: CONSIDER A RESOLUTION APPROVING VARIANCES ON A PROPERTY LO- CATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT 14535 PINE ROAD NE DISCUSSION: Introduction Warren Israelson, the applicant and owner, is requesting 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 37.18% 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% 37.18% 51.21% 7.18%* *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. 2 On October 28, 2024, the Board of Adjustment held a public hearing on the variance request. Following the closing of the public hearing and deliberation, a motion and a second was made to approve the variance request. This motion failed on a 2-3 vote. The Board of Adjustment then motioned to table the item until the next meeting to allow the applicant to address comments received by the public and Board of Adjustment, which was approved. On November 13, 2024, the Planning Commission continued the tabled item to December. 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. 37.18% 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. For the purpose of the variance analysis, the paved area of Pine Road on the subject property 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. The applicant is pro- posing 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. 3 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 for occupancy by an immediate family mem- ber. City Code requires a minimum of two off-street parking spaces be provided for an 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 steep 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. 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. 4 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. 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 a 7.18% 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 14.03%. and improves the existing condition. The previous request was for 38.05% impervious with a footprint of 2,178 square feet. The proposal reduces the footprint to 2,118 square feet which reduces the impervious surface request to 37.18%. 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 5 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. 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 an improvement over the previous request and is warranted and necessary to allow for construction 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 topography, 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 recommends approval of the requested var- iance 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. 6 ➢ 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. 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 12-02-24 4. Resolution 24-15PC 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: 12/02/2024 Re: Variance Request for 14535 Pine Road NE Update to Variance Request A variance request for the property located at 14535 Pine Road NE was presented to the Planning Commission on October 28th, 2024 where it failed to gain approval and it was tabled pending modificaons. Per the Planning Commission’s request we are providing the following: ● A cross secon view of the proposed home and how it impacts the adjacent property, and ● A revised site plan reducing the impervious coverage for the lot, and ● This leer, summarizing the updates being provided. The aached cross secon is at roughly the highest point of the grade along the eastern property line. As can be seen, we are using slab on grade construcon on the eastern side of the house, while this reduces the size of the basement considerably, it helps to minimize the depth of excavaon along that east side. From the exisng grade at the base of the retaining wall to the boom of the foong is roughly 7.4’ and we will work with a soils engineer to ensure proper construcon and shoring pracces are used to protect the safety of the workers and structure of the retaining wall. The revised site plan reflects a modified preliminary house plan to reduce the footprint of the home and impervious coverage of the lot. The reducon in building footprint and impervious surface is 60 square feet, resulng in a new impervious cover of 37.18%, down from 38.05% on the previous submial. Considerable me has been put into the design of the home to make it work with the challenging condions of the lot, parcularly with respect to the substanal grade change that exists on the lot. Thank you for your me and consideraon of this maer, Warren Israelson, P.E. HOME CROSS SECTION EXISTING IMPERVIOUS LIMITS PROPOSED IMPERVIOUS LIMITS WATER EDGE 9. 6 2 1 7 . 2 3 12.41 57 . 2 9 11.72 12.48 EXISTING RETAINING WALL 5.0 5.0 EXISTING DECK PRIOR LAKE ELEV. = 902.9 (4/28/2021) OHW=904.0 EXISTING HOME EXISTING HOME EXISTING GARAGE GAR FLOOR 913.2 GAR FLOOR 928.6EXISTING HOUSE SHED HYDRANT TNH=927.44 WATER SERVICE EXISTING RETAINING WALL 1 0 . 3 8 3 9 . 7 8 N 6001 Egan Drive, Ste 100, Savage, MN 55378 Phone: 952.222.4419 Web: www.kjwalk.com Date:Revision: Concept Site Plan Date: 12/2/2024 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly registered engineer under the laws of the State of Minnesota. Luke Warren Israelson Registration #: 51362 PRIOR LAKE, MN Original07/19/2024 For Review Sept 30, 2024 PROPOSED HOUSE EXISTING HOUSE SCALE: 1" = 20' LEGAL DESCRIPTION: LOT 6, BLOCK 1, NORTH SHORE CREST, SCOTT COUNTY, MN LOT DATA: Area Above 904 = 7190 SF Street Area = 312 SF Net Lot Area = 6878 SF EXISTING: 56' of blacktop at back of curb 3522 SF non-street impervious surface 51.21% impervious surface of net lot No garage Retaining walls tight to back of curb along west sides of Lot PROPOSED: 24' of blacktop at back of curb 2118 SF new home footprint 439 SF driveway area 2557 SF non-street impervious surface 37.18% impervious surface of net lot 1+2 car garage Eliminate retaining walls tight to back of curb GAR FLOOR 924.0 GAR FLOOR 914.2DRIVEWAY DRIVEWAY CLEAN OUT Address City Comments07/23/2024 9.75 14 . 2 5 Address City Comments07/24/2024 51 . 8 2 47 . 3 5 912 910 908 922 91 8 92 4 21 . 3 7 Net Impervious Calculation09/30/2024 EXISTING IMPERVIOUS LIMITS 12.41 12.48 EXISTING HOME GAR FLOOR 913.2 SHED EXISTING RETAINING WALL 47 . 3 5 908 18 . 9 0 13.45 16.18 EXISTING IMPERVIOUS LIMITS PROPOSED IMPERVIOUS LIMITS WATER EDGE 9. 6 2 1 7 . 2 3 12.41 51 . 2 9 11.72 12.48 EXISTING RETAINING WALL 5.0 5.0 EXISTING DECK PRIOR LAKE ELEV. = 902.9 (4/28/2021) OHW=904.0 EXISTING HOME EXISTING HOME EXISTING GARAGE GAR FLOOR 913.2 GAR FLOOR 928.6EXISTING HOUSE SHED HYDRANT TNH=927.44 WATER SERVICE EXISTING RETAINING WALL 1 0 . 3 8 3 9 . 7 8 N 6001 Egan Drive, Ste 100, Savage, MN 55378 Phone: 952.222.4419 Web: www.kjwalk.com Date:Revision: Concept Site Plan Date: 12/2/2024 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly registered engineer under the laws of the State of Minnesota. Luke Warren Israelson Registration #: 51362 PRIOR LAKE, MN Original07/19/2024 For Review Sept 30, 2024 PROPOSED HOUSE EXISTING HOUSE SCALE: 1" = 20' LEGAL DESCRIPTION: LOT 6, BLOCK 1, NORTH SHORE CREST, SCOTT COUNTY, MN LOT DATA: Area Above 904 = 7190 SF Street Area = 312 SF Net Lot Area = 6878 SF EXISTING: 56' of blacktop at back of curb 3522 SF non-street impervious surface 51.21% impervious surface of net lot No garage Retaining walls tight to back of curb along west sides of Lot PROPOSED: 24' of blacktop at back of curb 2178 SF new home area 585 SF driveway area 2763 SF non-street impervious surface 40.17% impervious surface of net lot 3 car garage Eliminate retaining walls tight to back of curb GAR FLOOR 924.0 GAR FLOOR 914.2 DRIVEWAY CLEAN OUT Address City Comments07/23/2024 24.00 14 . 2 5 Address City Comments07/24/2024 51 . 8 2 47 . 3 5 912 910 908 92 2 91 8 21 . 2 9 Net Impervious Calculation09/30/2024 18 . 9 0 13.45 18 . 2 0 9 0 . 6 2 Impervious Reduction12/02/2024 PROPOSED RETAINING WALLS EXISTING RETAINING WALL PROPOSED RETAINING WALL 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-15PC 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 Warren Israelson, the property owner and 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 t he 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. A 7.18% 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. 3 e. A demolition permit shall be obtained from the City of Prior Lake prior to removing the existing structure. PASSED AND ADOPTED THIS 9TH DAY OF DECEMBER 2024. ______________________________ Jason Tschetter, Commission Chair ATTEST: ______________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Fenstermacher Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐