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HomeMy WebLinkAbout5B - 14535 Pine Rd NE Variance 4-14-25 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: April 14, 2025 AGENDA #: 5B 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 of KJ Walk Inc, 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 parcel is situated at the end of Pine Road NE which terminates at the lake but is not a public access to the lake. Variances requested: • Front Yard Setback of 17.60 ft. (requirement of 20 ft. based on averaging - Subsection 10.604) • Corner Side Yard Setback of 12.41 ft. (requirement of 20 ft. based on averaging - Subsection 10.604) • Ordinary High Water Level (OHWL) Setback of 40.89 ft. (requirement of 61.5 ft. based on averaging - Subsection 10.435) • Adjacent Structure Setback of 14.61 ft. (requirement of 15 ft. - Subsection 10.345) • Impervious Surface Coverage of 37.03% (requirement of 30% - Subsection 10.435) Note, total impervious surface coverage includes the net lot area only. Total impervious coverage, including the public street, would be 39.76% if ap- proved. More details are provided within this report. Regulation Requirement Current Proposed Variance Front Yard Setbacks 20 ft. 22.1 ft. 17.6 ft. 2.4 ft. Corner Side Yard Setback 20 ft. 16.9 ft. 12.41 ft. 7.59 ft. OHWL Shoreland Setback 61.5 ft. 41.6 ft. 40.89 ft. 20.61 ft. Distance to Adjacent Structure 15 ft. 15 ft. 14.61 ft. 0.39 ft. Impervious Surface* 30% 51.21% 37.03% 7.03%* *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. 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, the Board of Ad- justment tabled the item to allow the applicant to address comments received by the public and Board of Adjustment. On December 9, 2024, the Board of Adjustment continued its deliberation and ulti- mately denied the variance requests. Board of Adjustment Commissioners who op- posed the request conveyed the bulk and mass of the proposed structure exceeded the reasonable use of the lot, given the small lot size. Commissioners felt the applicant did not demonstrate there are practical difficulties in complying with the zoning code and the plight of the landowner was due to circumstances created by the desire for a large multi-story home, not due to circumstances unique to the property. Current Circumstances The applicant has submitted a new variance application. The primary revisions are a reduction in the height of the structure and a slight decrease in impervious surface coverage compared to the proposal in the October 2024 request. The applicant has made architectural changes to the design of the home to reduce the bulk and mass of the structure. The applicant has revised their plan from a two and one-half story home above grade to a single level walkout home with a finished attic. This revision eliminates the previously proposed second floor of the home and signifi- cantly reduces the height and total square footage of the home. The 2024 plan was for a home that was 31 feet from basement floor to finished attic floor; the new plan calls for 21 feet from basement floor to finished attic floor. The new home footprint has decreased from 2,118 sq. ft. to 2,055 sq. ft. and the total driveway area has increased from 439 sq. ft. to 492 sq. ft for a total non-street imper- vious surface of 2,547 sq. ft. (37.03%), down from the previous request of 2,557 sq. ft. (37.18%). The garage on the front of the home was shifted further from the street to increase the front yard setback and increase setback from the adjacent structure; how- ever, this had minimal impact on the overall impervious coverage as the previous gar- age space was mostly replaced with a driveway. The applicant proposes to remove the existing home, retaining walls and boat house and construct a new single-family home. A new retaining wall is proposed on the lake side of the home. The lot is approximately 55 feet wide at the street and approximately 7,190 square feet in area. 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 area 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 lot is limited in width and area and is substandard to the 90-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 exist- ing wall on the adjacent lot will need to be evaluated for structural stability in coordina- tion with the proposed new home construction. 3 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 applicant is proposing 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 10-214 for occupancy by an immediate family member. City Code requires a minimum of two off-street parking spaces be provided for an ac- cessory dwelling unit; the second driveway and garage will accommodate the required 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 10-435 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 40.89 feet at its closest point at the southwest corner and 57.29 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 10-435 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 17.6 feet at the closest point in the northwest corner of the parcel and approximately 27.3 feet at the northeast corner of the parcel. Setback averaging allows for 20 feet 4 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 10-604 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. The proposed setback is 12.41 feet. Adjacent Structure Setback: Subsection 10-345 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, 14.61 feet, than 15 feet. Impervious Surface: Subsection 10-435 states the following: Impervious surface coverage for lots in all Districts shall not exceed 30% of the lot area. 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 7.03% 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. ISSUES: This project includes a request for a variance. Section 10-906 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 5 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 10-433) 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 ac- complished 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 variances are an improvement over the existing con- dition and previous request and this request 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 to- pography, and limited buildable space. The proposed relief provided by the variances allow for a reasonable single-family home to be built on this lot. Therefore, City Staff recommends approval of the requested variance with the following conditions: ➢ The variance resolution shall be recorded at Scott County. ➢ 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. ➢ The applicant shall have the property staked and setbacks confirmed by a surveyor licensed in the State of Minnesota prior to pouring the foundation to confirm all approved setbacks are complied with. ➢ The applicant shall submit an as-built survey completed by a surveyor licensed in the State of Minnesota following construction to confirm all setbacks and impervi- ous surface coverage approved by these variances are complied with. ALTERNATIVES: 1. If the Board of Adjustment finds the requested variances are warranted in this case, a motion and a second to adopt a resolution approving the variances requested for 14535 Pine Road NE with the listed conditions or approve any variances the Board deems appropriate in the circumstances. 2. If the Board of Adjustment 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 Board finds a lack of demonstrated practical dif- ficulties under the zoning code criteria. RECOMMENDED MOTIONS: 3. If the Board of Adjustment would like additional information from the applicant about the requested variance, a motion and a second to table or continue discussion of the item for specific purpose as directed by the Board. Alternative No. 1 ATTACHMENTS: 1. Location Map 2. Narrative 3. Concept Site Plan and Lot Survey dated 3-18-25 4. Resolution 25-04PC 5. Comments 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-04PC 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 April 14, 2025, to consider a request from Warran Israelson of KJ Walk Inc, the property owner and the applicant, 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 two-story, 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 Board of Adjustment 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 Board of Adjustment has reviewed the application for the variances as contained in Case #DEV25-000005 and held a hearing thereon on April 14, 2024; and WHEREAS, The Board of Adjustment 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 BOARD OF ADJUSTMENT OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Board of Adjustment 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 appropriate and orderly development of the residential, business, industrial, public land, and 2 public areas”. Furthermore, the Shoreland Ordinance (Section 10-345) 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 Board of Adjustment hereby approves the following variances to allow the construction of a new, single level walkout home with a finished attic per the proposed elevations and survey incorporated in the April 14, 2025 Board of Adjustment agenda item 5B report in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 20.61-foot variance from the required minimum setback from the Ordinary High Water Level (OHWL). (Subsection 10-435) b. A 7.59-foot variance from the required corner side yard setback. (Subsection 10-604) c. A 2.4-foot variance from the required front yard setback. (Subsection 10-604) d. A 0.39-foot variance from the required distance to adjacent structure. (Subsection 10-345) e. 7.03% variance from the required maximum impervious surface. (Subsection 10-435)) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. 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. c. A demolition permit shall be obtained from the City of Prior Lake prior to removing the existing structure. d. A building permit shall be obtained from the Building Department prior to the commencement of construction. 3 e. The applicant shall have the property staked and setbacks confirmed by a surveyor licensed in the State of Minnesota prior to pouring the foundation to confirm all approved setbacks are complied with. f. The applicant shall submit an as-built survey completed by a surveyor licensed in the State of Minnesota following construction to confirm all setbacks and impervious surface coverage approved by these variances are complied with. PASSED AND ADOPTED THIS 14TH DAY OF APRIL 2025. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Fenstermacher Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ From: Haile Tegegne Sent: Monday, March 31, 2025 11:45 AM To: Paul Moretto Subject: FW: Haile Tegegne shared the folder "14535 Pine RD NE - Variance Application" with you Please see the message below. Haile Tegegne Development Assistant City of Prior Lake | 4646 Dakota Street SE | Prior Lake, MN 55372 Direct: 952.447.9807 | Main: 952.447.9800 Prior Lake is a vibrant and welcoming life-long community, offering a high-quality of life and a small-town feel. From: DePaz, David (DNR) <david.depaz@state.mn.us> Sent: Monday, March 31, 2025 11:12 AM To: Haile Tegegne <htegegne@priorlakemn.gov> Subject: RE: Haile Tegegne shared the folder "14535 Pine RD NE - Variance Application" with you Hi Haile, Thank you for the opportunity to comment. It is good to see the existing boat house and impervious stairs/path are being removed to lower the impervious surface. If the application is approved, I would recommend installing a vegetative buffer, directing gutters away from the shore area, soil stabilization, or other methods to increase infiltration, or perhaps utilizing precipitation storage like rain barrels etc… David De Paz (Dah-veed) Watershed Specialist | Ecological and Water Resources Division Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5775 SECURITY NOTICE: This email originated from an external sender. Exercise caution before clicking on any links or attachments and consider whether you know the sender. For more information please contact Helpdesk@PriorLakeMN.gov. Email: david.depaz@state.mn.us The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. From: Haile Tegegne <htegegne@priorlakemn.gov> Sent: Monday, March 31, 2025 8:18 AM To: DePaz, David (DNR) <david.depaz@state.mn.us> Subject: Haile Tegegne shared the folder "14535 Pine RD NE - Variance Application" with you The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Haile Tegegne shared a folder with you Good morning, Reminder, please review the referral regarding Variance for14535 Pine RD NE, Prior Lake, MN 55372. (PID 250400060) Kindly return any concerns or comments by April 01, 2025, to Paul Moretto at pmoretto@priorlakemn.gov or 952-447-9813. Sincerely, Haile Tegegne You don't often get email from htegegne@priorlakemn.gov. Learn why this is important This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center.