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Home My WebLink About4B 14380 Watersedge Trail Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 5, 2015 AGENDA #: 4B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Copper Creek Real Estate Group, with the consent of the property owner, is requesting a variance from the minimum lake setback on a property located at 14380 Watersedge Trail. The property is located along the northern shores of Lower Prior Lake, south of Greenway Avenue, and west of Shady Beach Trail. The property currently contains a single family home. The following variance is requested: • A 24.1 foot variance from the required minimum 50 foot structure set- back from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of two nearby properties (Section 1104.308). Regulation Requirement Proposed Variance Lake Setback (averaging 2 nearby lakeshore lots) 50’ 25.9’ 24.1’ History The property is zoned R-1 (Low Density Residential), and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property currently contains a single family home which was constructed in 1952. Current Circumstances The applicant proposes to construct a new 2-story home and attached 3-car gar- age onsite with a 2,425 sq. ft. footprint. The property lies within the floodplain of Prior Lake and the existing house was subject to significant flooding during the summer of 2014. The applicant proposes to elevate the new home above the floodplain elevation of Prior Lake. The property is 11,236 square feet in total area thereby making the property a nonconforming lot by area standards. The applicant proposes a new house with an increased setback from the lake (25.9 feet proposed compared with 23.0 feet existing). All other required setbacks and impervious surface appears to be met with the proposed design. The two nearby single family houses to the south have similar lake setbacks of 25-30 feet. 2 Conclusion City Staff believes the variance requested is warranted due to the lot con- straints unique to the property and practical difficulties as stated in the findings. Therefore, City Staff recommends approval of the requested variance subject to the following conditions of approval: • The variance resolution shall be recorded at Scott County. An acknowl- edged City Assent Form, shall be submitted to the Community & Eco- nomic Development Department prior to the issuance of a building per- mit ISSUES: This project includes a request for 1 variance. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the pro- visions of the Zoning Ordinance, provided that: • 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. It appears practical difficulties exist for the applicant in this case. This residential property has some unique characteristics including the small size of the property. • 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. Two purposes of the Zoning Ordinance are to “promote the most appro- priate and orderly development of the residential, business, industrial, pub- lic land and public areas” and “enhance the aesthetic character and ap- pearance of the City.” The approval of the variance as requested would allow the applicant to construct a reasonable residential lake home plan on the site in an orderly fashion within the confines of the center of the property. • 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. The practical difficulty does exist due to circumstances unique to the property. This residential property has unique characteristics including a small nonconforming lot area in which to construct a lake home and low elevation in relation to the floodplain. • 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. 3 The granting of the variance will not alter the existing character of the neighborhood. The proposed house is within line of the adjacent houses to the south and has similar setbacks and lot conditions. • 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. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. Conclusion City Staff believes the variance requested is warranted due to the lot con- straints unique to the property and practical difficulties as stated above in the findings. Therefore, City Staff recommends approval of the requested variance subject to the following conditions of approval: • The variance resolution shall be recorded at Scott County. An acknowl- edged City Assent Form, shall be submitted to the Community & Eco- nomic Development Department prior to the issuance of a building per- mit ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance for 14380 Watersedge Trail , or any variance the Planning Commis- sion deems appropriate in these circumstances. 2. Motion and a second to table or continue discussion of the item for specific purpose. 3. Motion and a second to deny the variance because the Planning Commis- sion finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Resolution 15-XXPC 2. Location Map 3. Existing Survey dated 6-15-15 4. Proposed Survey dated 9-10-15 5. Conceptual Building Plans dated 8/7/15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC A VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R1-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 October 5, 2015, to consider a request from Copper Creek Real Estate Group, on behalf of the Ben Golant, the property owner, to approve a variance from the minimum lake setback to allow construction of a single family residential dwelling in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14380 Watersedge Trail NE Lot 19, and together with all that part of Lot 18 lying Easterly of a line hereinafter described: Commencing at the Northeasterly corner of said Lot 18 thence northwesterly on and along the Northerly line of said Lot 18 a distance of 39 feet to point of beginning of said line to be described; thence Southwesterly in a straight line to a point on the Southerly line of said Lot 18 distant 20 feet from the Southeasterly corner of said Lot 18 and there terminating, Boudin’s Manor, Scott County, Minnesota. (PID 25-119-015-0) WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request, and persons interested were afforded the opportunity to present their views and objections related to the variance request; and WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV15- 001021 and held a hearing thereon on October 5, 2015; 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 CITY COUNCIL 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. 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. 2 It appears practical difficulties exist for the applicant in this case. This residential property has some unique characteristics including the small size of the property. b. The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. Two purposes of the Zoning Ordinance are to “promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas” and “enhance the aesthetic character and appearance of the City.” The approval of the variance as requested would allow the applicant to construct a reasonable residential lake home plan on the site in an orderly fashion within the confines of the center of the property. c. 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. The practical difficulty does exist due to circumstances unique to the property. This residential property has unique characteristics including a small nonconforming lot area in which to construct a lake home and low elevation in relation to the floodplain. d. The granting of the variances will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variance will not alter the existing character of the neighborhood. The proposed house is within line of the adjacent houses to the south and has similar setbacks and lot conditions. e. The granting of the Variances will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow a construction of a single family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 25.9 foot variance from the required minimum 50 foot lake setback from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of nearby properties (Section 1104.308) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 5th DAY OF OCTOBER, 2015. _______________________________ Wade Larson, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Blahnik Fleming Larson Peterson Aye ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ R U T G E R S S T N E W A T E R S E D G E T R L N E G R A Y L I N G C I R N E Ü010020050Feet 14380 Watersedge Trail SE Variance Location Map LOWER PRIOR LAKE SUBJECT PROPERTY September 4, 2015 A CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. 14380 watersedge | prior lake September 4, 2015 01A GREAT ROOM FOYER loft study portico KITCHEN DINING 4-SEASON PORCH MECH. RM. GARAGE CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. DIMENSIONS ARE APPROX AND ROUNDED TO THE NEAREST 6" 36' X 24' L O C K E R S | B E N C H 8' X 9' 21' X 18'-6" 15'-6" X 12' 90" X 60" GARBAGEOVENS 36" RANGE & POT FILLER 15'-6" X 12'-6" 7'-6" X 6' 13' X 13'-6" 42" REF. D/W DECK20' X 12' UNATTACHED MUD RM.7'-6" X 6' :: MAIN LEVEL scale: 1/8"= 1'-0" A 003 42" PANTRY 14380 watersedge | prior lake STORAGE BELOW STORAGE8' X 8' 36'-0" 1 1 '-0 " 12'-0" 6 '-0 " 2 8 '-0 " 14'-0"16'-0"22'-0" 4 '-0 " 2 '-0 " 1 9 '-0 " 3 2 '-0 " 8'-0" September 4, 2015 02A BONUS ROOM BDRM 2 OWNER'S SUITE L'DRY CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. DIMENSIONS ARE APPROX AND ROUNDED TO THE NEAREST 6" 13' X 11' 47' X 13' 13' X 18'-6" 9'-6" X 6'-6" :: UPPER LEVEL scale: 1/8"= 1'-0" A 004 LINEN 3/4 BATH W.I.C.8'-6" X 10' SPA BATH13' X 10'-6" BDRM 312' X 12' BDRM 412' X 11' loft study8' X 9' 14380 watersedge | prior lake LINEN STORAGE STORAGE STORAGE STORAGE STORAGE S T E P D N