HomeMy WebLinkAbout4A_6412 Conroy St NE Variance 9.8.25
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: SEPTEMBER 8, 2025
AGENDA #: 4A
PREPARED BY:
PRESENTED BY:
JAKE SKLUZACEK, PLANNER
JAKE SKLUZACEK
AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A VARIANCE
FROM IMPERVIOUS SURFACE REQUIERMENTS AND OHWL STRUCTURE SET-
BACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT LOT 047
CONROY’S BAY, 6412 CONROY ST NE
DISCUSSION: Introduction
Copper Creek LLC is requesting a variance of 4% from the maximum impervious sur-
face coverage requirement of 30% and a 21.58’ variance from the 50’ minimum OHWL
(Ordinary High Watermark Level) setback. The subject property, Lot 047 of Conroy’s
Bay, is located at 6412 Conroy St NE, PID: 251140100. This is a riparian lot. The re-
quested variances are listed below:
• A variance to allow a 28.42’ setback from the OHWL; currently 27.9’. (Subsection
10-435(7) b.)
• A variance to allow 34% impervious surface; currently 40%. (Subsection 10-435(5))
Regulation Requirement Proposed Variance
OHWL Setback* (Averaging Allowed) 50’ Minimum 28.42’ 21.58’
Impervious Surface** 30% Maximum 34% 4%
*Current OHWL Setback is 27.9’.
**Current impervious is 40%.
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. The existing house was originally constructed
in 1946 according to Scott County.
Current Circumstances
6412 Conroy St NE Current Condition
Side Yard Front Yard Impervious Driveway
Width
Adjacent
Dwelling
Lot Width
1 ft / 12.1 ft 23.9 ft. 40% 24+ ft. 10.5 ft. 84.92 ft.
6412 Conroy St NE Proposed Condition
Side Yard Front Yard Impervious Driveway
Width
Adjacent
Dwelling
Lot Width
8.6 / 7.65 ft 20.33 ft. 34% 24 ft. 15+ ft. 84.92 ft.
2
The applicant proposes to demolish the existing dwelling to construct a new single-
family detached dwelling unit. The rectangular lot is 84.92 feet wide and approximately
6,950 square feet; the lot is considered nonconforming as it is substandard for the
shoreland district in both lot width and area.
The subject property currently contains more than 30% impervious surface, mainly due
to the house and driveway that have existed on the property for many years predating
the City’s shoreland regulations. In addition to the existing house and driveway, existing
concrete, pavers, and porch/deck have since added to the impervious surface calcula-
tion. Based on Staff’s research, those improvements have also existed on the property
since construction of the existing dwelling. Therefore, the existing impervious surface
is considered legally non-conforming.
The applicant originally proposed an impervious surface coverage of 34.9% and a set-
back of 24.8’ from the OHWL. Due to the possibility of reducing both variance requests,
staff and the applicant discussed measures to reduce the amount of impervious surface
coverage proposed while also increasing the distance from the proposed structure to
the OHWL, including moving the house 4’ closer to Conroy Street and adjusting the
size of the proposed deck. Following discussions with staff, the applicant was willing to
move the proposed home approximately 4’ closer to the street to reduce the variance
request for impervious surface coverage by 0.9% and setback from OHWL by 3.62’.
It was observed by staff during their research utilizing the Scott County’s GIS resource
and in-house property records that many single-family homes near the subject property
had a similar, challenging lot with similar accommodations.
OHWL Setback: Subsection 10-435(7) b. states, 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 or 50
feet, whichever is greater, provided all other provisions of the shoreland overlay district
are complied with. The subject lot currently has an OHWL setback of 27.9’. The appli-
cant proposes increasing this setback to 28.42’ which is an increase of 0.52’. Staff has
reviewed surveys on file for the two adjacent properties which identify an OHWL set-
back of 34.5 ft. for the structure to the west and an OHWL setback of 23.6 ft. for the
structure to the east.
Impervious Surface: Subsection 10-435(5) states, Impervious surface coverage for
lots in all Use Districts shall not exceed 30% of the lot area. The subject lot currently
contains 40% impervious surface. The applicant proposes to reduce their impervious
surface to 34% which is composed of the proposed dwelling, walkways, and driveway
for a total reduction of 6%.
ISSUES: This project includes requests for variances. 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 variances is in harmony with the general purposes of the Zoning
Code. The purpose of the Zoning Code is to “Promote the most appropriate and
orderly development of the residential, business, industrial, public land, and public
areas”.
3
2) Variances shall only be permitted when they are consistent with the
Comprehensive Plan.
The granting of the variances 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.
Substandard Lot Width and Area: The lot is only 84.92 feet wide 6,950 square
feet in area, both of which are below the minimum standards for the Shoreland
Overlay District. This narrow lot width creates an unusually constrained buildable
area, especially when factoring in required setbacks and existing building footprint.
Reasonable Use Consistent with Neighborhood: The applicant is seeking to
construct a single-family detached dwelling, a common residential redevelopment
project along the City’s Lake shores.
Increase to OHWL Setback: Although the requested OHWL setback does not
meet the minimum requirement of 50 feet, the proposed plan would increase the
current OHWL setback from 27.9 feet to 28.42 feet, moving the property slightly
closer to compliance.
Reduction in Existing Impervious Surface: Although the requested impervious
surface exceeds the 30% maximum, the proposed plan would reduce the current
impervious surface coverage from 40% to 34%, moving the property closer to
compliance.
Reduction of Driveway Width to 24 ft.: The applicant is proposing the
construction of a new slightly narrower driveway. Their proposal will make the
driveway width conforming at the front property line.
Not Self-Created: The unique constraints of the property, including the lot size and
width, and location of the existing home were not created by the applicant and
predate their ownership. These factors result from historic platting and
development patterns that do not align with current zoning standards.
No Alteration to Neighborhood Character: The proposed structure is consistent
with the residential character and scale of surrounding properties, and it would not
alter the essential character of the locality.
4) Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
4
Conclusion
City Staff believe these variances are warranted and necessary to allow for construc-
tion of a new dwelling due to the narrowness of the lot width (84.92 feet) and the sub-
standard lot size (6,950 square feet). Other neighborhood homes surrounding the sub-
ject property have similar OHWL setbacks on shallow lots and most homes in this
neighborhood have similar limitations for lot area in relation to impervious surface.
If the Board of Adjustments finds the applicant has met all necessary criteria and sup-
ports approval of the variances, then staff recommends the following conditions:
➢ The applicant shall provide a grading plan confirming all stormwater drainage from
the development will be managed on their property.
➢ 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.
➢ A Landscaping Plan shall be submitted prior to issuance of demolition permit.
If the Board of Adjustments finds the applicant has not met all necessary criteria and
would like to see further revisions to increase the OHWL setback or to reduce the im-
pervious surface, staff recommend providing direction to the applicant related to rea-
sonable OHWL setback and/or impervious surface coverage and table the item for
consideration at a future meeting.
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
6412 Conroy St NE with the listed conditions, or approve any variance the Board
of Adjustment 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 deny the variances requested because the Board
of Adjustment finds a lack of demonstrated practical difficulties under the zoning
code criteria and direct staff to prepare a resolution of denial for consideration at
the next Board of Adjustment meeting.
3. If the Board of Adjustment would like additional information from the applicant about
the requested variances or would like to see further plan revisions to decrease the
variance requests, a motion and a second to table or continue discussion of the
item for specific purpose as directed by the Board of Adjustment.
RECOMMENDED
MOTIONS:
Alternative No.1
ATTACHMENTS: 1. Location Map
2. Applicant Narrative
3. Survey – Existing Conditions
4. Survey – Proposed Conditions
5. Resolution 25-08 PC
Copper Creek
14198 Commerce Avenue NE Suite 500
Prior Lake, MN 55372
Variance 6412 Conroy Street
A written narrative describing the request and how it meets the five (5) 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.
•Copper Creek is requesting a variance of 4% for impervious surfacing and
a 21.58-foot setback from the OHWL of 904 feet. The lot is under 7,000
square feet and is considered a non-conforming lot.
•City Staff reviewed the initial submission and responded with comments in
a letter dated 8.15.25. Recommended changes which were addressed
include:
i. Proposed house was shifted towards the street approximately 4 feet
which reduced the variance request for both impervious surfacing
and the setback from the OHWL of 904 feet.
ii. This also reduced the proposed driveway slope and side yard
setbacks.
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.
•The proposal reduces the existing impervious surface from 40% to 34%, a
reduction of 6%, which brings the property more in-line with the City’s
Zoning Ordinance.
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.
•The lot is under 7,000 square feet and is considered a non-conforming lot.
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 proposal is in-line with adjacent properties when using averaging.
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.
•Single-family dwelling is proposed. The property use will remain the same.
Greg Schweich
President
COPPER CREEK
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EXIST
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DENOTES EXISTING CATCH BASIN
DENOTES EXISTING HYDRANT
DENOTES EXISTING SANITARY MANHOLE
DENOTES EXISTING STORM MANHOLE
DENOTES EXISTING UTILITY BOX
DENOTES EXISTING SERVICE OR CLEANOUT
DENOTES IRON MONUMENT FOUND
DENOTES IRON MONUMENT SET
DENOTES EXISTING POWER POLE
DENOTES EXISTING LIGHT POLE
DENOTES EXISTING CONSERVATION POST
OR WET LAND BUFFER POST
DENOTES EXISTING TREE8" TREE
000.0
DENOTES WOOD HUB
DENOTES NAIL
DENOTES EXISTING RETAINING WALL
DENOTES PROPOSED RETAINING WALL
DENOTES EXISTING ELEVATION
DENOTES PROPOSED ELEVATION
DENOTES AS BUILT ELEVATION
(000.0)
000.0
DENOTES EXISTING TREELINE
DENOTES DIRECTION OF SURFACE DRAINAGE
DENOTES EXISTING FENCE
LEGEND
DENOTES EXISTING F.E.S.
LOT AREA TO OHW : 6,950 SQ. FT.
HOUSE AREA : 1,737 SQ. FT.
TOTAL IMPERVIOUS AREA : 2,363 SQ. FT. (34.0%)
DRIVEWAY AREA : 496 SQ. FT.
SIDEWALK AREA : 42 SQ. FT.= FINISHED GARAGE FLOOR ELEVATION
= BASEMENT FLOOR ELEVATION
= TOP OF HOUSE FOUNDATION ELEVATION
(915.00)
(916.73)
(908.06)
1. No specific soils investigation has been performed on this lot
by the surveyor. The suitability of the soils to support the
specific house is not the responsibility of the surveyor.
2.No title information was provided for this survey. This survey
does not purport to show all easements of record.
3. See architectural plans for final building dimensions.
LEGAL DESCRIPTION:
LOT 47, AND THAT PART OF LOT 48, CONROY'S BAY, SCOTT COUNTY,
MINNESOTA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 48,
DISTANCE 25.00 FEET NORTHEASTERLY OF THE NORTHWEST CORNER OF
SAID LOT 48; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHERLY
LINE OF SAID LOT 48, DISTANCE 20.00 FEET NORTHEASTERLY OF THE
SOUTHWEST CORNER AND THERE TERMINATING.
8/27/2025
CERTIFICATE OF SURVEY
= TOP OF GARAGE FOUNDATION ELEVATION(915.33)
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-08 PC
VARIANCE FROM THE IMPERVIOUS SURFACE MAXIMUM AND MINIMUM OHWL SETBACK TO
ALLOW FOR THE CONSTRUCTION OF A NEW HOME ON A PROPERTY IN THE R-1 SD (LOW
DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a
public hearing on September 8, 2025, to consider a request from Copper Creek LLC
requesting a variance of 4% from the maximum impervious surfacing coverage
requirements and a 21.58’ variance from the minimum OHWL setback to allow for the
construction of a new single-family detached home on a property located in the R-1 SD
(Low Density Residential Shoreland) Zoning District at the following property, legally
described as:
Lot 047 Conroy’s Bay, Scott County, Minnesota. (PID 251140100)
Address: 6412 Conroy St NE, Prior Lake, MN 55372; and
WHEREAS, Notice of the public hearing on said variance requests was duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, The Board of Adjustment proceeded to hear all persons interested in these variance
requests, and persons interested were afforded the opportunity to present their views
and objections related to the variance requests; and
WHEREAS, The Board of Adjustment has reviewed the application for the variances as contained
in Case #DEV25-000015 and held a hearing thereon on September 8, 2025; and
WHEREAS, The Board of Adjustment has considered the effect of the proposed variances 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 variances 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 variances is in harmony with the general purposes of the Zoning Code.
The purpose of the Zoning Code is to “Promote the most appropriate and orderly
development of the residential, business, industrial, public land, and public areas”.
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
2
The granting of the variances 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.
Substandard Lot Width and Area: The lot is 84.92 feet wide 6,950 square feet in area,
both of which are below the minimum standards for the Shoreland Overlay District. This
narrow lot width creates an unusually constrained buildable area, especially when factoring
in required setbacks and existing building footprint.
Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct a
single-family detached dwelling, a common residential redevelopment project along the
City’s Lake shores.
Increase to OHWL Setback: Although the requested OHWL setback does not meet the
minimum requirement of 50 feet, the proposed plan would increase the current OHWL
setback from 27.9 feet to 28.42 feet, moving the property slightly closer to compliance.
Reduction in Existing Impervious Surface: Although the requested impervious surface
exceeds the 30% maximum, the proposed plan would reduce the current impervious surface
coverage from 40% to 34%, moving the property closer to compliance.
Reduction of Driveway Width to 24 ft.: The applicant is proposing the construction of a
new slightly narrower driveway. Their proposal will make the driveway width conforming at
the front property line.
Not Self-Created: The unique constraints of the property, including the lot size and width,
and location of the existing home were not created by the applicant and predate their
ownership. These factors result from historic platting and development patterns that do not
align with current zoning standards.
No Alteration to Neighborhood Character: The proposed structure is consistent with the
residential character and scale of surrounding properties, and it would not alter the essential
character of the locality.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations alone 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-family detached home per the proposed
survey in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A variance to allow a 28.42’ setback from the OHWL; currently 27.9’. (Subsection 10-435(7)
b.)
b. A variance to allow 34% impervious surface; currently 40%. (Subsection 10-435(5))
3
4. The variances are subject to the following conditions of approval:
a. The applicant shall provide a grading plan confirming all stormwater drainage from the
development will be managed on their property.
b. The variance resolution shall be recorded at Scott County.
c. A building permit shall be obtained from the Building Department prior to the commencement
of construction.
d. A Landscaping Plan shall be submitted prior to issuance of demolition permit.
PASSED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 2025.
_______________________________
Dan Ringstad, Commission Vice-Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Ringstad Johnson Fenstermacher Tennison Yurko
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐