A variance from the required 75-foot setback to the Ordinary High-Water Level to 56.2 feet and a variance from the maximum impervious lot coverage of 25% to 30% to replace a single-family home.

Request:        A variance from the required 75-foot setback to the Ordinary High-Water Level to 56.2 feet and a variance from the maximum impervious lot coverage of 25% to 30% to replace a single-family home. 

Comprehensive Plan- The property is located within the 2040 Comprehensive Plan’s Urban Expansion Area for the City of Prior Lake.

Adjacent Land Use/Zoning- North – 0.8 acre residential parcel, zoned RR-3

                                       South – 0.39 acre residential parcel, zoned RR-3

                                          East – 0.76 acre residential parcel, zoned RR-3

                                         West – Spring Lake

Existing Conditions- The 10,636 sq. ft. (0.24 acre) parcel is located on the southern shore of Spring Lake. The property has frontage on South Shore Drive. The parcel currently contains an approximately 2,076 sq. ft. home and a two-car attached garage.

Ordinance Requirements- Front Yard Setback:  25 feet from the road right-of-way

                                          Side Yard Setback:  10 feet

                                         Rear Yard Setback:  30 feet

                               Shoreland:  75 feet from the Ordinary High Water Level (OHWL) or the average distance of structures on the adjacent lots.

                               Impervious Surface: 25% of the lot

Proposed Setbacks- Front Yard Setback:  25.5 feet

                                          Side Yard Setback:  10 feet

                               Shoreland: 56.2 feet

                               Impervious Surface: 29.5%

Public Notice- Notices were sent to property owners within 500 feet of the site.

Background:

The subject parcel is 10,636 sq. ft. (0.24 acre) and is located on the southern shore of Spring Lake. The parcel currently contains an approximately 2,076 sq. ft. home and a two-car attached garage. The existing deck sits at 39.1 feet from the Ordinary High-Water Level (OHWL). The property is located in the Residential Suburban Single Family District, RR-3. The current minimum lot standards for the RR-3 zoning district require a minimum 75-foot lot width, 20,000 sq. ft. minimum lot size above the OHWL, and maximum impervious surface area of 25% of the lot.  The property is connected to sanitary sewer and water from the City of Prior Lake.

The applicant intends to demolish the existing house and construct a new house with an attached garage. Before the current home was constructed, the parcel was modified from the original Lot shape leading to a parcel that significantly narrows towards the road. The applicant has proposed a three-level house with an attached garage. The combined footprint of the proposed home and attached garage is 2,349 square feet. If the existing deck is not counted toward the impervious surface area, the existing property has 36.8 percent impervious area. The applicant plans to have a significantly smaller deck, remove the existing boat ramp, and reduce the driveway, leading to a reduction in the impervious surface area. However, the impervious surface area would still exceed the maximum of 25 percent allowed in the shoreland overlay district.

The applicant formally requested a reduction in the required 75-foot setback to the OHWL to 56.2 feet. But a newly created survey has revealed that the lot depth is less than featured on previous submittal documents. The survey dated May 22, 2026, finds that the proposed house would be less than 52 feet to the OHWL. Because the request is to build the structure at 56.2 from the OHWL, the legally required notices included the 56.2 feet proposed and not the lesser distance currently shown on the survey.

Analysis:

The parcel was created prior to the establishment of a zoning or subdivision ordinance and is considered legal non-conforming. The non-conforming size of the parcel does pose challenges for building a modern home in such a way that all setbacks are met. The previous home on the subject property did not meet the required setbacks to the OHWL and the attached garage did not meet the required setback to the road right-of-way. While the immediate neighboring properties do appear to meet the setback requirements, the neighboring properties are substantially larger than the subject property. Other nearby properties do not meet the shoreland district requirements.

It is conceivable that alterations could be made to the proposed house to reduce or eliminate the variance request, particularly from the setback to the OHWL. The recent survey found that the proposed house would be nearly as close to the OHWL as the previous house, although the deck would be tucked to the side rather than extending closer to the lake, as on the current house.

The Natural Resources Department has reviewed the request and found that the proposed distance to the OHWL and the reduction in the impervious lot coverage is not a significant decrease from the existing non-conforming conditions and does not meet shoreland requirements. The Department has required additional information from the applicant regarding the proposed request including shoreland restoration information.

PLSLWD Review:

The Prior Lake – Spring Lake Watershed District, in cooperation with the Scott Soil and Water Conservation District, has reviewed the request and found that stormwater management is not required per Watershed District rules. The Watershed District does recommend that the applicant submit a restoration plan for approval prior to creating any disturbance on or near the shoreline. The complete Watershed District comments are attached to this report.

MnDNR Review:

The Minnesota Department of Natural Resources Area Hydrologist has reviewed the request and provided the following comments:

1. Have stormwater treatment for any runoff from impervious surface that is over the 25% standard.
2. I recommend the shoreline plantings be native and reviewed by the Scott County SWCD.

Township Recommendation:

The Spring Lake Town Board has recommended approval of the setback variance and to increase the impervious lot coverage to 28.26 percent, at their May 2026 meeting. The Township included a condition that “All requirements as established by Scott County, ensuring silt fence is installed and property maintained and natural shoreline landscaping added to enhance infiltration and reduce runoff.” The Township’s recommendation is attached to this report.

Staff Recommendation:

The Board of Adjustment cannot approve a greater variance than what was published.  Staff therefore recommends the variance request be continued until the proposed plans and/or hearing notice can be modified to be consistent, and to address the comments of the Natural Resources Department.

Alternatives:

1. Approve the variance request as recommended by Planning Staff based on the hardship criteria.

2. Approve the variance request as recommended by the Planning Staff with amendments to the hardship criteria and/or add conditions.

3. Table the variance request for a specific reason.

4. Deny the variance request for a specific reason.

Suggested Motion:

I recommend the variance request be continued to the July 13^th Board of Adjustment meeting so the proposed plans and/or hearing notice can be modified to be consistent, and to address the comments of the Natural Resources Department

General Information:

Applicant:	McNearney Custom Homes	Site Location:	2680 South Shore Drive
Property Owner:	Brian & Kristin Bellicot	Township:	Section 9, Spring Lake
Public Hearing Date:	June 8, 2026	Action Deadline:	June 29, 2026