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HomeMy WebLinkAboutPlanning Commission - 03/24/2025Agenda Eden Prairie Planning Commission Meeting 7 p.m. Monday, March 24, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Planning Commission Members: John Kirk, Andrew Pieper, Ed Farr, Robert Taylor, Daniel Grote, Frank Sherwood, Charles Weber, Phou Sivilay, Trisha Duncan City Staff: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources MEETING AGENDA I.Call the Meeting to Order II.Pledge of Allegiance III.Approval of Agenda IV.Minutes A.Approval of the minutes for Planning Commission Meeting held on February 24, 2025. V.Public Hearings A.Akhtar-Petersen Variance (BOA 2025-03) 1.Request for approval for variance to allow for a 100’ shoreland setback from Mitchell Lake where 150 feet is required. VI.Planner’s Report VII.Members’ Reports VIII.Adjournment UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 24, 2025 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. III. APPROVAL OF AGENDA MOTION: Weber moved, seconded by Taylor to approve the agenda, clarified to note that one scheduled public hearing will be rescheduled. MOTION CARRIED 9-0. IV. MINUTES MOTION: Grote moved, seconded by Duncan to approve the minutes of February 10, 2025. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. 12251 SUNNYBROOK RD. (2025-01) • Request for approval for rezoning from Rural to R1-13.5 on .78 acres Cameron Sirk, the applicant, detailed the application. The rural restrictions for setbacks for any shed or outbuilding would require a 30-foot setback, and he wished to make improvements to his property without such a hindrance. Ben Schneider presented the staff report. When the home was constructed in the 1970s, the property was zoned Rural and the home was not hooked up to water PLANNING COMMISSION MINUTES February 24, 2025 Page 2 and sewer, but now that the property was connected to utilities, the owner wished to rezone to R1-13.5, consistent with both the surrounding neighborhood and the Comprehensive Plan. Staff recommended approval. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 9-0. Duncan found this application to be straightforward and Sherwood agreed. MOTION: Duncan moved, seconded by Farr to approve the rezoning to R1-13.5 on 0.78 acres as represented in the February 24, 2025, staff report. Motion carried 9-0. PLANNERS’ REPORT Barnhart announced there would be no public hearing on March 10, 2025 but there would be a public hearing on March 24, 2025. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The meeting was adjourned at 7:06 p.m. Planning Commission Agenda Staff Report Date: March 24, 2025 Location: 7887 Shamrock Trail Subject: Variance – 7887 Shamrock Trail (BOA 2025-03) From: Sarah Strain, Planner II Applicant: Nadia Akhtar Review period expires: May 21, 2025 ITEM DESCRIPTION Variance request for a 100-foot setback from the Ordinary High Water Level (OHWL) in the Shoreland Overlay Zoning District. City Code requires a 150-foot setback from the Ordinary High Water Level (OHWL). REQUESTED ACTIONS Approve variance request for a 100-foot setback from the Ordinary High Water Level (OHWL) in the Shoreland Overlay Zoning District with conditions as outlined in the March 24, 2025 staff report. City Code requires a 150-foot setback from the Ordinary High Water Level (OHWL). BACKGROUND The house at 7887 Shamrock Trail, Lot 1 in the image to the right, was built in the early 1950s, prior to the creation of the Shoreland Overlay District. The house currently sits approximately 108’ from the OHWL at its closest point along the lakeshore. The applicant notes the history of the property in their narrative. The image on the right shows the proposed subdivision plan and variance request submitted by the property owner in 1992. The subject lot is the southernmost lot, showing the original, existing house, a potential building pad to allow for a future addition, and a proposed variance to allow a 100 foot setback at the closest point from the OHWL, the northeast corner of the house. Two (2) new lots were proposed in the 1993 subdivision to the north of the existing house. Staff Report – 7887 Shamrock Trail Variance March 24, 2025 Page 2 The City Council reviewed and approved the subdivision in early February 1993. The approval was subject to the approval of a 105 foot setback variance for all three lots from the OHWL by the Board of Adjustments and Appeals. As part of the subdivision approval, wetland area just south of Highway 5 and land for a trail were dedicated to the City of Eden Prairie, shown in the image on the right. The Board of Adjustments and Appeals, the deciding body on variance requests at the time, met on February 11, 1993. The applicant requested a variance for a 100 foot setback from the OHWL. Staff recommended that if the variance was approved for the lot with the existing home (7887 Shamrock), the setback should be 105 feet from the OHWL to be consistent with City Council approval and discussion. The Board of Adjustments and Appeals did not grant a 100 or 105 foot setback variance from the OHWL, instead limiting 7887 Shamrock Trail to the existing structure setback. The exact wording in the Final Order is “existing setbacks along all points of existing structure.” The existing home is setback between 108 and 160 feet from the OHWL, over a 50 foot difference in setback distance. The 1993 Final Order did grant setback variances for the two northern lots. However, the variances were not acted on within the designated timeframe of the Final Order and lapsed. 7867 Shamrock Trail received setback variance from the OHWL to construct a home in 2007. These variances were for a setback of 90 feet from the northeast property line, 150 foot setback to the east property line, and a minimum 25 foot setback to the west property line. The east and northeast property line setbacks roughly align with the lakeshore. The undeveloped parcel is currently subject to the 150 foot shoreland setback requirement. REVISITING THE VARIANCE REQUEST The current property owners, Nadia Akhtar and Alexander Petersen, are requesting a 100 foot setback from the OHWL. The current house is over 70 years old and does not fit the needs of their family. To build an addition to accommodate their family, they are requesting a variance from the OHWL to construct an approximately 1,490 square foot addition lakeward of the approximately 2,070 sq ft house, which includes a porch and deck. The addition needing variance approval is outlined in the following image in red. Other improvements are proposed that do not require a variance, including a garage addition. Staff Report – 7887 Shamrock Trail Variance March 24, 2025 Page 3 As proposed, the impervious surface coverage on the lot would be 24%, below the maximum of 30% allowed in the shoreland ordinance. The owners have started the project, demolishing a 3-season room on the back of the house, stopping after learning of the setback issue. COMMENTS RECEIVED ON THE VARIANCE REQUEST Plans were sent to the DNR and the Riley Purgatory Bluff Creek Watershed District regarding the proposed shoreland setback variance. Staff received no comment on the proposed variance from either agency. To date, Staff has not received comment or question from residents who received a public hearing notice. As part of the application packet, a letter of support from the adjacent property owner was provided. The applicant has also provided pictures showing how views of the proposed addition would be blocked from the adjacent property owner due to mature vegetation between the properties. STAFF RECOMMENDATION Staff can support a variance from the 150’ setback if other protections are placed to support the water quality goals of the shoreland ordinance. Staff recommends requiring a 75’ wide vegetated buffer strip along 90 percent of the shoreline as a condition of approval of a 100’ structure setback variance from the OHWL. This 75’ wide buffer must be planted with native plantings, and the entire buffer area must be placed in a conservation easement dedicated to the City. This condition of approval would allow for the house addition as proposed while taking measures to improve the water quality of the lake and to offset the visual impacts of development. The image below shows what a 75’ vegetated buffer would look like on the property relative to the proposed house addition, lake edge, and remaining backyard. A 10 foot gap in the buffer, extending from the lake edge toward the house, would be permitted to facilitate access to the Staff Report – 7887 Shamrock Trail Variance March 24, 2025 Page 4 lake and a potential future dock. Staff will work with the applicants to determine where the best location for the gap and lake access would be in a Vegetation Management Plan given the current slope of the backyard and water quality goals. EVALUATING THE VARIANCE REQUEST State Statute establishes criteria for the granting of variances. Variances may be granted when they are in harmony with the general purpose and intent of the ordinance and when the variances are consistent with the comprehensive plan. Furthermore, variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; 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. Below is an analysis of how the variance request with the installation of a 75’ buffer as a condition of approval satisfies these criteria. 1. Consistency with the Comprehensive Plan One of the goals of the Comprehensive Plan is to balance conservation and management of natural resources and the need for residential and commercial development. A shoreland setback variance to allow a 100 foot structure setback from the OWHL allows the property owners to maintain and improve their property. The 75’ wide vegetated buffer would help protect Mitchell Lake from the impact of this additional development. Staff Report – 7887 Shamrock Trail Variance March 24, 2025 Page 5 One of the goals of the Local Water Management Plan, adopted as part of the 2040 Comprehensive Plan, is to work to achieve water quality standards in lakes consistent with State water quality standards. The addition of the 75’ vegetated buffer along Mitchell Lake would help improve water quality, supporting this goal. 2. Harmony with the Purpose and Intent of the Ordinance The shoreland ordinance has two primary goals, 1) preservation and enhancement of public water quality and (2) conserve economic and natural environmental values of shoreland. Conserving economic and natural environmental values of the shoreline means preservation and protection of the natural shore, free from development. The current house is approximately 108 feet from the OHWL with no buffer to protect the lake from residential development. The difference in visual impact of two structures in an urban area, one 108 feet and the other 100, is negligible. The installation of a 75’ vegetated buffer would help filter run-off before entering the lake. 3. Unique Circumstance and Practical Difficulties This property is unique in that it abuts a small cove of Mitchell Lake. The western shoreline of Mitchell Lake is largely uniform apart from this inlet. This impacts the setback of the house due to the proximity of the northeast corner of the house to the inlet. As previously mentioned, there is about a 50 foot difference in the shortest and longest distance of the existing structure from the OHWL, which creates difficulty in designing and constructing a house that uniformly meets the required 150 foot setback. Also, the wording of the 1993 Final Order, “existing setbacks along all points of existing structure” is atypical of how Final Orders are written in Eden Prairie and how setback is measured. The record does not specify why this particular language was included. Typically, a minimum, numerical, setback is established for clarity. 4. Alteration of the Essential Neighborhood Character As noted, one of the goals of the shoreland ordinance is to protect views of and from bodies of water. The picture to the right shows the view of the house from Mitchell Lake. This house was built prior to the adoption of the shoreland ordinance and does not meet the 150 setback from the OHWL, as is the case for several lots abutting Mitchell Lake. There are 86 single family and twin homes with direct frontage on Mitchell Lake. 48 of these homes were built prior to establishment of the Shoreland District OHWL setback; 37 were built after. Of the homes Staff Report – 7887 Shamrock Trail Variance March 24, 2025 Page 6 built before the Shoreland Ordinance, the average lot depth is 186 feet, and the average setback from the OHWL is 88 feet. The average setback from the OHWL for all single family homes with direct frontage on Mitchell Lake is 114 feet. The house at 7887 Shamrock Trail, at its closest point, is approximately 108 feet from the OWHL. While the proposed 100’ setback would be closer than the average to the OHWL, it is not a dramatic variation from the average. Of the 86 single family and twin homes with direct frontage on Mitchell Lake, 49 of the lots have conservation easements between the structure and the OHWL, which is over half of the lots. Many of these easements were secured in the subdivision and platting process. Two (2) single family homes and two (2) twin homes, four (4) units total, on Mitchell Lake received shoreland setback variances with the condition that conservation easements would be placed over 80-100 feet of the property and dedicated to the City. The two (2) single family homes are located on Weston Bay Road. One lot received a setback variance of 75 feet from the OHWL and the other lot received a setback variance of 118 feet from the OHWL. As a condition of approval, both lots granted the City a 75 foot wide conservation easement. This easement does consume the entirety of the one lot’s back yard. The two (2) twin homes received setback variance to be 130 feet from the OHWL. These lots granted 100 foot wide conservation easements to the City. This provides roughly 30 feet of backyard space between the structures and the conservation easement. Related to the neighborhood character, there is a provision in the Shoreland Ordinance that allows staff to consider neighboring property setbacks in the Shoreland Overlay zoning district when considering potential setbacks for an undeveloped lot. The proposed variance, if granted, could impact the potential setbacks of the neighboring undeveloped parcel. A variance approving a substantially reduced setback for the subject property would effectively reduce the setback for the adjacent lots, without the need for a variance, impacting the neighborhood character, specifically the homes along the western shores of Mitchell Lake. 5. Reasonable Use of Property The reasonable use of the property has been established with the single family home on the property, and the scale of the proposed addition appears reasonable. REVIEW OF CODE COMPLIANT ALTERNATIVES As part of all variance requests, staff and the applicant consider what code compliant options exist to achieve the desired goal. One code compliant option would be to create a second story addition. This addition would not alter the footprint of the house while providing additional living space. The next option to consider would be an addition in the front yard. The property owners note that an addition in the front of the house may be challenging due to underground electrical and gas utilities and impacts to usable open space. Staff Report – 7887 Shamrock Trail Variance March 24, 2025 Page 7 The property owner could construct additions to the sides of the house. Side yard setback requirements in the R1-13.5 zoning district are a minimum of 10 feet per side with a total of at least 25 feet between both side yard setbacks. The survey shows a 12.5 foot addition off the north side of the house, which complies with the side yard setback requirements. To maintain the required side yard setbacks, the property owners could also build an approximately 11 foot addition off the south side of the house. Additions to the side of the house would still require a variance from the shoreland setback requirement due to the wording of the 1993 Final Order that limits the setbacks to the “existing footprint of the house.” In either a front yard addition or side yard addition scenario, the significant, 32 caliper inch pine tree would likely need to be removed. Since three (3) trees have already been removed from this lot, and the lot is over 22,000 square feet in size, tree replacement will be required. Staff will work with the applicant to develop a tree replacement plan. Removal of additional trees may negatively impact the character of the neighborhood. PLANNING COMMISSION ACTION Staff recommends approval of the variance request for a structure setback of 100’ from the OHWL with the condition that the applicant install and maintain a 75’ wide vegetated buffer strip along 90 percent of the shoreline. The design (planting plan) of the vegetative buffer would be submitted to the Water Resources Coordinator for approval and inspection through the Vegetation Management Plan process and protected with a conservation easement recorded against the property. The applicant shall work with City staff to determine the exact location for a break in the buffer to accommodate lake access and a dock to help minimize erosion and maximize water quality benefits. The Commission may choose from one of the following actions: 1. Approve Final Order #2025-03 with conditions as recommended by staff in the March 24, 2025 staff report. 2. Approve Variance as requested, directing staff reasons to be noted in the Final Order 3. Continue the variance request for additional information. January 17, 2025 Property Address: 7887 Shamrock Trail, Eden Prairie, MN Purpose I am writing to formally request a variance for lakeside setback requirement, zoning restriction, etc. for the property located at 7887 Shamrock Trail. I am seeking a variance of 20 feet due to extenuating circumstances that present a hardship if the current regulations are strictly applied. Background and Context The context and timeline of the request is important in that it sheds light on the lack of consistent city procedures that allowed for an obscure condition to the originally proposed setback in 1993. We believe this should not be upheld, as a record of this change was not found by the property owners I met with City of Eden Prairie staff in November to discuss the project and review preliminary plans. Staff pulled the property file and shared a diagram that showed setbacks that allow for the addition to the existing home that was approved in the 1993 variance request. I was told I could proceed with approved variance setback. Property owners then worked on final architectural plans, along with a certified survey. The plans were submitted to the city of Eden Prairie one week later. At that time, Sarah Strain informed me that in 1993, a Board of Appeals and Adjustments Committee approved everything except one condition: 7887 Shamrock Trail (Lot 1) setback: existing setbacks along all points of existing structure. The statement is unclear and contradicts the survey that was submitted and recommended for approval by The Planning Commission, City Council, and the Parks Commission. Furthermore, this process violated precedent in that it was not shared back with the Council for additional approvals. History of stewardship Moiz Akhtar purchased this property with the clear understanding that the variance was approved in 1993 with Bill Kinney, along with the division of the land into 3 separate plots. During this time, in good faith, the Akhtar family had worked with the city by agreeing to their request to give back land for a public trail and water purification. They also planted over 100 Arbor Vites. The proposed plans were designed in accordance with code per our understanding of setback allowances from the original sale of the property in 1993. They include plans to preserve the water resource, including native habitation (8 – 12 feet along the entire length of the shoreline) to prevent erosion along the shoreline and a rainwater garden at the base of the home to manage stormwater runoff. These efforts would mitigate the impact of the reduced setback from the lake. The property owners also plan to install solar panels and to update the overall energy efficiency of the home. Reasonable Use of the Property This property is unique to the area as it is a dead-end with a private road and the addition to the existing home will not obstruct lake views. This property was originally purchased as a subdivision intended for generational living. There are no remaining properties on Lake Mitchell that share a similar topography or are yet to be developed. The Akhtar family is also the guardian of a special needs, autistic adult son, Ali, who has significant health issues and requires full time care and other accommodations. In addition, the family has been residents of Eden Prairie for over 45 years, 35 as residents on Mitchell Lake. The addition to the home would create a main floor living space (without stairs) to accommodate Ali or other dependents in the future. An update to the home would match the quality and accommodations of the neighboring homes in the area, by creating a living space with a kitchen upstairs. The original stairs leading to the basement level would also be improved and brought up to current construction standards Almost all the original home’s construction would be maintained, where possible Updates to the home would also improve efficiency of the home. In alignment with the property owner’s stewardship of the land and lake, a sale will be placed on the slope to help direct water down to the buffer. Additionally, the homeowners will work with city staff to create a vegetative buffer along the shoreline. This would improve upon current runoff mitigation strategies due to the topography of the land as is. The vegetation will improve water quality to preserve the natural resources. We believe this would improve any degradation of the lake that currently exists and honors the shoreland ordinance. Maintaining the Essential Character of the Neighborhood We are committed to maintaining the integrity of Mitchell Lake and the neighborhood and will make every effort to ensure that the variance does not negatively impact the community. The current home on the property is over 70 years old. For the longevity of the home as well as the investment in the neighborhood, an addition to this property that extends within the original confines of the setback granted is a reasonable way to update the home to match the character of the neighborhood. Additionally, the proposed structure is the least obstructive for nearby residents and neighbors have shared a letter of support for the current plan. By maintaining the current height of the house, we limit the obstruction of views from or to the lake (see pictures). This proposed structure will be parallel to the existing structure, as well as neighboring sightlines. Should the home be built further in front of the current house, it would obstruct access to the shared driveway and sightlines to the lake. Adding an additional level would also be an anomaly next to the neighboring homes. This would also impact views from across the lake. The Akhtar family has strong ties to their neighbors and the neighborhood and aims to preserve the best interest of all. Practical Difficulty with Current Restrictions In building an addition behind the existing home away from the street, we eliminate any obstruction of view of neighbors, as well as preserving the shared driveway and land towards the public trail. The topography of the land is such that building an additional level upwards would be an anomaly of the sightline of properties along the shoreline. The existence of an underground well in the front of the property, along with city water lines also presents a barrier to construction towards the public trail. Lastly, the land in front of the existing house is shared (both legally and functionally) with our neighbors. Request for Variance On behalf of the homeowners, I am requesting a variance from the existing shoreline setback. The current standard is a setback of 150 feet from the shoreline. The current home was given a variance based on its original footprint such that the current setback is 120 feet from the shoreline at its closest point. The home is situated further from the lake on average. To support the modernization of the property, maintain the integrity of the neighborhood, and do so in the least disruptive manner, I am requesting a variance of 20 feet, a 100 foot setback from the shoreline. I trust that this unfortunate situation is one that merits careful consideration, and we are more than willing to provide any additional documentation or information to support this request. Thank you for your time and understanding. We look forward to working with you and are hopeful for a favorable outcome. Please feel free to contact me at 612-250-9400 or vogstrom@gmail.com should you need any further information. Sincerely, Paul T. Vogstrom P-1 REVISION TABLE NUMBER DATE REVISED BY DESCRIPTION SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 12/6/24 RENDERING house addition garage addition 7887 Shamrock Trail Eden Prairie NEW SHED ROOF OVER ENTRY 1/4" = 1'-0" existing existing new 3 car garage existing existing asphalt shingles Elevation 24 existing existing vinyl siding alum fascia & soffit asphalt shingles new garage new addition new addition Elevation 25 REVISION TABLE NUMBER DATE REVISED BY DESCRIPTION SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 12/12/24 7887 Shamrock Trail Eden Prairie 1/4" = 1'-0" vinyl siding alum fascia & soffit asphalt shingles new addition new addition new addition Elevation 22 vinyl siding alum fascia & soffit asphalt shingles new addition new addition new addition new addition Elevation 23 REVISION TABLE NUMBER DATE REVISED BY DESCRIPTION SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 12/12/24 7887 Shamrock Trail Eden Prairie 1/4" = 1'-0" SB3320 L / V L / V L / V L / V SB61 L / V L / V BCB126 L / V L / V L / V BCB7236 SB3320 SB61 BCB126 BCB7236 3068 3068 3068 2668 3068 3068 2668 2668 9168 12168 2968 5068 6068 UP 2' 16' 24'-4" 34' 2'-3" 12'-6" 21' 9 ' 6'-3" 14'16'-3" 21'-4" 5'-7" 19'6'-3"16'-5" 2' 53'-10" X 17'-6" 11'-3" X 17'-8" 41'-6" X 29'-10" w d existing walls existing walls existing walls existing walls drop new addition 21" lower than existing 8' conc wall to meet grade for garage addition above existing walls existing walls 9'-6" ceiling 6x8 SLIDER PORCH ABOVE PORCH ABOVE PORCH ABOVE BEDROOM BEDROOM 9'-6" ceiling 9'-6" ceiling 9'-6" ceiling FAMILY DN DN DN DN existing walls BASEMENT PLAN new conc wall new conc wall new conc wall new conc wall new conc frost wallnew conc frost wall new conc frost wall new conc frost wall 20x8 conc ftg 2x6 bearing wall 20x8 conc ftg 2x6 bearing wall REVISION TABLE NUMBER DATE REVISED BY DESCRIPTION SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 12/12/24 9'-6" ceiling 7887 Shamrock Trail Eden Prairie EXISTING HOME 1/4" = 1'-0" L / V L / V SB3320 L / V L / V SB3920 B24L B24L L / V L / V SB36 L / V L / V B39 L / V L / V B24R L / V L / V B12RL / VL / V RB36 B15R L / V L / V L / V B12R L / V L / V B24L L / V L / V B21L L / V L / V L / V L / V B36 L / V L / V B39 L / V SB3820 L / V L / V B721821 L / V L / V B3015 L / V L / V BCB3315 L / V L / V BCB3315 SB3320 SB3920 B24L B24L SB36 B39 B24R B12R RB36 B15R B12R B24L B21L B36 B39 SB3820 B721821 B3015 BCB3315 BCB3315 U651290 U211590R U482490OTC302496 W2736 W2736 W332427 2668 3068 3068 2668 31168 6068 4068 3068 2968 3068 5068 3068 2068 5068 3068 2668 3068 3068 807080708070 6068 3068 41168 2568 3068 3068 UP UP 32'34' 66' 2' 78'-8" 4'-3" 5'-9" 6' 16'-5" 7' 11'-10" 1'-6" 23'-8" 10' 34' 6'-2"19'-1" 17'-6" 11'-9" X 9'-0" 18'-1" X 17'-0" 11'-10" X 22'-3" 9'-11" X 16'-7" 22'-10" X 17'-3" 16'-0" X 6'-3" NEW GARAGE 1500 SQ FT ADDITION 3000 SQ FT TOTAL FINISHED EXISTING HOME EXISTING HOME EXISTING HOME EXISTING HOME EXISTING HOME bench SHWR CLOSET MASTER BDRM fireplace LIVING tv wall floor drain vaulted ceiling PORCH vaulted ceiling shelf DINING STORAGE GARAGE NEW PORCH DECK setback from lake EXISTING HOME MAIN FLOOR PLAN 1st Floor REVISION TABLE NUMBER DATE REVISED BY DESCRIPTION SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 12/6/24 7887 Shamrock Trail Eden Prairie EXISTING HOME 1/4" = 1'-0" Shared Backyard Shared Drive with Arborvitae Front Yard View of 7887 Shamrock from southern neighbor’s deck View for Mitchell Lake View for Mitchell Lake View for Mitchell Lake View for Mitchell Lake View of 7887 Shamrock from the north side View of 7887 Shamrock from 7867 Shamrock Trail VARIANCE #2025-03 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER #2025-03 APPLICANT: Nadia Akhtar ADDRESS: 7887 Shamrock Trail, Eden Prairie, Minnesota 55347 LEGAL DESCRIPTION: Lot 1, Block 1, Kinney Addition, Hennepin County, Minnesota VARIANCE REQUEST: To have a 100-foot setback from the Ordinary High Water Level (OHWL) in the Shoreland Overlay Zoning District. City Code requires a 150-foot setback from the OHWL. The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes___ No___ ). 2. Variance #2025-03 is: _____ granted _____ modified _____ denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on April 14, 2025; however, this variance shall expire one year after the date of the approval unless the applicant has commenced the authorized improvements or use or has received an extension of the time period as provided below. The applicant may submit a request for a one-time extension of up to one year from the original expiration date. Said extension shall be requested in writing to the City Planner at least 60 days prior to the expiration of the approval. The requested extension shall be reviewed by the City Planner. If the facts and circumstances under which the original variance was granted have not materially changed, the City Planner may approve the extension. If there has been a material change in circumstance since the granting of the variance, the City Planner shall submit the request for review and consideration by the Board. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY:________________________________________________ Planning Commission Chair – Andrew Pieper Date: 03-24-25 EXHIBIT A – FINDINGS AND CONDITIONS VARIANCE #2025-02 FINDINGS “Practical difficulties” is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include reasonableness, uniqueness, and maintaining the essential character of the neighborhood. Additionally, the variance must demonstrate harmony with other land use controls. 1. Reasonable use of the property - The first factor is the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. The property was established with a single family home before the zoning ordinance and before the Shoreland Ordinance. It is reasonable to continue this use on the property. 2. Unique circumstances - The second factor is that the property owner’s situation is due to circumstances unique to the property not caused by the property owner. This property is unique in that it abuts a small cove of Mitchell Lake. The western shoreline of Mitchell Lake is largely uniform apart from this inlet. This impacts the setback of the house due to the proximity of the northeast corner of the house to the inlet. Given the curvature of the shoreline, it would be difficult to design and construct a house the uniformly meets the require 150 foot setback from the OHWL. 3. Essential character of neighborhood - The essential character of the neighborhood is maintained with the granting of the variance. By not building an upwards addition, view of and from the lake are maintained, and trees would be preserved. Additionally, many of the homes built before the adoption of the Shoreland Ordinance have conservation easements placed over the land immediately adjacent to the shoreland. The closer setback with a conservation easement would align with other homes on Mitchell Lake. The granting of the variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested is consistent with the comprehensive guide plan. CONDITIONS In order to best serve the purpose and intent of the shoreland ordinance, the approval of this variance is with the condition that the applicant install and maintain a 75’ wide vegetated buffer strip along 90 percent of the shoreline. The design of the vegetative buffer would be submitted to the Water Resources Coordinator for approval and inspection through the Vegetation Management Plan process and protected with a conservation easement recorded against the property. The applicant shall work with City staff to determine the exact location for a break in the buffer to accommodate lake access and a dock to help minimize erosion and maximize water quality benefits.