HomeMy WebLinkAbout5A 14640 Oakland Beach Avenue Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: SEPTEMBER 8, 2015
AGENDA #: 5A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: NO
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
Highmark Builders, on behalf of the owner, Chris Dahl, is requesting a variance
from the minimum lake setback on a property located at 14640 Oakland Beach
Avenue. The property is located along the shore of Lower Prior Lake, north of
Seven Acres Street. The property is currently vacant. The following variance is
requested:
• A 50 foot variance from the required minimum 75 foot structure set-
back from the Ordinary High Water (OHW) elevation of Prior Lake
(Section 1104.302 (4)).
Regulation Requirement Proposed Variance
Lake Setback 75’ 25’ 50’
History
On September 8, 2015 the Planning Commission held a public hearing regarding
the variance request. A nearby property owner and his representative expressed
concern with the variance application since they believed an unresolved issue in
adding fill below the 904 high water mark elevation exists on the property. They
felt the variance should not be considered for judgment by the Planning Com-
mission until the other issue was resolved. A separate neighbor expressed con-
cern with whether the property was indeed buildable for a residential home.
While the Minnesota Department of Natural Resources (DNR) did provided a
brief email comment of support for the variance request, the Planning Commis-
sion tabled the decision of the variance directing City Staff and the applicant to
seek a written response from the DNR as to the status of the alleged fill issue.
The DNR has since provided such a response (attached letter).
Current Circumstances
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 is
currently vacant.
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The applicant proposes to construct a new 2-story home and attached 3-car gar-
age onsite with a 5,159 square foot footprint.
The gross area of the property is 84,781 square feet with 38,899 square feet in
total area above a 904 elevation. It was determined by the DNR that the area of
the pond (as identified on the survey) is hydrologically connected to Prior Lake
thus creating the requirement of 75 feet from the 904 elevation of the pond as
well as the main lake. However, the DNR also recognizes the possible need for
a variance from the 75 foot lake setback requirement from the pond area do to
the limited buildable area which the setback creates.
The applicant proposes a new house that would be 25 feet from the 904 eleva-
tion of the interior pond/lake but does maintain over a 100 foot setback distance
from the 904 elevation bordering the main part of Prior Lake. This 100 foot set-
back distance is similar to the lake setback of other houses along Oakland Beach
Avenue in the neighborhood.
ISSUES: This project includes a request for a 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 pond
and lake features that minimize the buildable area of the property to a
linear area averaging approximately 30 feet in depth. The variance
would allow for the home to be placed at least 25 feet from the 904 ele-
vation surrounding the pond while the home would be over 100 feet from
the main part of Prior Lake.
• 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 variances 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 upland area of
the property.
• 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.
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The granting of the variances will not alter the existing character of the
neighborhood. As visible on the submitted survey, the proposed house
would maintain similar lake and front yard setbacks to adjacent properties
along Oakland Beach to the north.
• 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
The DNR has provided a written response as directed by the Planning Com-
mission which details a permit that was acquired for the placement of fill in
2014. In the letter the DNR also expresses continued support for the variance
request.
City Staff does not believe the issue of fill placement below the 904 elevation to
be related to this variance requested. City Staff believes the evaluation of the
variance using the listed criteria to be exclusive to the location of the proposed
structure and not previous activities of fill placement in a separate area on the
property.
City Staff believes the variances requested are 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 vari-
ances 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
• The survey shall be revised to indicate one driveway access onto Oak-
land Beach Avenue.
• A grading plan shall be submitted for the project along with the building
permit.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari-
ance for 14640 Oakland Beach Avenue, or any variance the Planning Com-
mission 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 variances because the Planning Commis-
sion finds a lack of demonstrated practical difficulties under the zoning code
criteria.
RECOMMENDED
MOTIONS:
Alternative #1
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ATTACHMENTS: 1. Resolution 15-XXPC
2. Location Map
3. Survey dated 8/12/15
4. Conceptual Building Plans dated 8/7/15
5. DNR letter dated 9-30-15
6. Attorney letter on behalf of neighbor dated 9-17-15
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 15-XXPC
APPROVAL OF A VARIANCE FROM THE MINIMUM LAKE SETBACK, FOR A PROPERTY IN THE R-1 (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
September 8, 2015, to consider a request from Highmark Builders, on behalf of the property owner,
Christopher Dahl, to approve a variance from the minimum lake setback to construct a new home on a
property in the R-1 (Low Density Residential) Zoning District at the following property:
14640 Oakland Beach Avenue NE Prior Lake, MN 55372
That part of Government Lot 6, Section 30, Township 115, Range 21, Scott County, Minnesota, described
as follows: Starting at a point 100.0 feet due south of the southeast corner of Lot 16, Oakland Beach;
and running due north 100.0 feet to said southeast corner; thence due west 100.0 feet to the southwest
corner of said Lot 16; thence North 63 degrees 40 minutes West about 189.0 feet to the water edge of
Prior Lake; thence southwesterly along said water edge to a point due west of the point of the beginning;
thence due east about 550.0 feet to the point of the beginning.
And Lot 9, SEVEN ACRES, Scott County, Minnesota; Except that part of said Lot 9, SEVEN ACRES
lying westerly of a line drawn perpendicular to the southerly line of said Lot 9, SEVEN ACRES from a
point distant 475.42 feet westerly of the southeast corner of said Lot 9, SEVEN ACRES;
Also commencing at the southeasterly corner of Lot 16, Oakland Beach, Scott County, Minnesota;
proceeding thence South 100 more or less to the northerly line of Seven Acres, Scott County, Minnesota;
proceeding thence at right angles to the last described line in an easterly direction along the northerly
line of Seven Acres to the northeast corner of Seven Acres, Scott County, Minnesota; proceeding thence
in a northwesterly direction along the northwesterly extension of the easterly line of Seven Acres to the
point of beginning, the same consisting of a portion of Government Lot 6, Section 30, Township 115
North, Range 21 West, Scott County, Minnesota
(PID 25-930-115-0, 25-930-112-0, 25-118-008-0)
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 #DEV-
2015-001018 and held a hearing thereon on September 8, 2015 with their deliberation, and then
continued their deliberation of the item 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
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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.
It appears practical difficulties exist for the applicant in this case. This residential property has some
unique characteristics including the pond and lake features that minimize the buildable area of the
property to a linear area averaging approximately 30 feet in depth. The variance would allow for the
home to be placed at least 25 feet from the 904 elevation surrounding the pond while home would be
over 100 feet from the main part of Prior Lake.
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 variances 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 upland area of the property.
c. 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 variances will not alter the existing character of the neighborhood. As visible on the
submitted survey, the proposed house would maintain similar lake and front yard setbacks to adjacent
properties along Oakland Beach to the north.
d. 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 50 foot variance from the required minimum 75 foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake (Section 1104.302 (4))
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.
b. The survey shall be revised to indicate one driveway access onto Oakland Beach Avenue.
c. A grading plan shall be submitted for the project along with the building permit.
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PASSED AND ADOPTED THIS 5th DAY OF OCTOBER, 2015.
_______________________________
Wade Larson, Commission Chair
ATTEST: _________________________________
Dan Rogness, Community & Economic Development Director
VOTE Blahnik Fleming Larson Petersen
Aye ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐
mndnr.gov
An Equal Opportunity Employer
DNR Information: 651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929
Minnesota Department of Natural Resources
Ecological and Water Resources Division
Central Region Headquarters
1200 Warner Road, Saint Paul MN 55106
Telephone: (651) 259-5845
Fax: (651) 772-7977
September 30, 2015
Jeff Matzke
Community & Economic Development Dept.
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
RE: Dahl Variance – 14640 Oakland Beach, Prior Lake, MN
Dear Mr. Matzke:
Thank you for the opportunity to comment on the Dahl – Oakland Beach variance request dated
8/10/2015. I provided a brief comment in support of this variance via email on 8/19/2015.
In May 2014, the DNR issued a permit to Chris Dahl and his contractor, Tim Latterner, to perform the
following actions: 1) Place riprap along the shoreline on the lakeward side of the delineated Ordinary
High Water Line, 2) Grade and construct swale with small rock or vegetation with a bottom elevation
of 903.5, a width of at least 5 feet and a slope no greater than 3:1, and 3) Place native plantings on the
pond/wetland side of the OHW (Ordinary High Water). I visited the site in December 2014 and found
the work to be compliant with the authorized actions, although I did not measure the elevation of the
rock swale or notice native plantings on the pond side of the construction.
DNR records show that the pond area on and adjacent to the parcels owned by Chris Dahl has
historically been hydrologically connected to the main body of Lower Prior Lake. The 1977 survey by
DNR staff show an area approximately 80 feet wide connected to the lake at elevation 922. Over the
years, DNR staff have received reports of landowners on this parcel pulling material from the lake and
a small ridge was built up between the lake and the pond. However, the DNR contends that there has
been an ongoing hydrologic connection between the pond and the lake.
Through the DNR public waters permitting process, Mr. Dahl agreed to place a swale to maintain the
hydrologic connection to the lake below the OHW as part of the shoreline work that was being
planned. Thus, the hydrologic connection to Prior Lake places the pond area under DNR regulatory
jurisdiction and the pond has the same OHW as Lower Prior Lake (903.9 ft NGVD 29). Although local
residents may know best, our records indicate that this area has historically functioned as a wetland,
not as a navigable area of water, unlike some of the other bay areas of Prior Lake. Thus, any physical
work within the wetland remains subject to Minnesota Statute 103G.245.
The City of Prior Lake has jurisdiction over land use decisions through its shoreland ordinance. We
support approval of the setback variance proposed by the Dahl family.
If you have any questions, please contact me at 651-259-5790.
Sincerely,
mndnr.gov
An Equal Opportunity Employer
DNR Information: 651-296-6157 1-888-646-6367 651-296-5484 1-800-657-3929
Jennie Skancke
Area Hydrologist
c: Christopher Dahl, Mark Vyvyan
EWR Regional Manager, Terri Yearwood
EWR District Manager, Jeanne Daniels
DNR Land Use Specialist, Dan Petrik
Lake Byllesby File #19-6P