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HomeMy WebLinkAbout5A Broback Variances 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 PLANNING REPORT SITE ADDRESS: PREPARED BY: PUBLIC HEARING: DATE: CASE FILE: 5A CONSIDER VARIANCES FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT 2485 SPRING LAKE ROAD SE JEFF MATZKE, PLANNER J_ YES _NO-N/A JULY 14, 2008 08-125 AGENDA ITEM: SUBJECT: INTRODUCTION Bill Broback is requesting variances to construct a new house on property located at 2485 Spring Lake Road SE on the north side of Spring Lake. For this proposed construction, the following variances are required: . A 25 foot variance from the minimum 25 foot front yard setback required in the R-1 District (Section 1102.405 (3)). . A 5.0 foot variance from the minimum 10 foot side yard setback required in the R-1 District (Section 1102.405 (3)). . A 60.0 foot variance from the minimum 75 foot lakeside setback (Section 1104.304). . A 2.5% variance from the maximum 30% impervious surface requirement (Section 1104.306). BACKGROUND The property is zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District), and is guided R-LD (Urban Low Density Residential) on the 2030 Comprehensive Plan Land Use Map. A single family dwelling without a garage currently occupies the lot. The existing dwelling was constructed in 1952. DISCUSSION The applicant is proposing to remove the existing house and garage and construct a new home on the site. The proposed house and garage have a footprint of 1500 square feet. 1:\08 fiJes\08 varianees\spring lake He - brobaek\oereOQJ:t.doe. I k www.cnyofpnorae.com Phone 952.447.9800 / Fax 952.447.4245 The lot area is 7,802 square feet. A buildable area does not exist which would allow for construction of a house without the need for variances. The proposed structures on the lot have a footprint of 1500 square feet with a proposed driveway of 1032 square feet for a total of 2532 square feet of impervious surface coverage (32.5% impervious surface coverage ). Impervious Surface Variance The existing impervious surface of the home and patios is 1201 square feet (15.4% of the total lot area). The proposed impervious surface of the house and driveway is 2532 square feet (32.5% of the total lot area). A reduction of 191 square feet in the driveway and turnaround area would allow for an impervious surface of 30% of the total lot area therefore not requiring a variance for the maximum impervious surface requirement. A typical turnaround area is 12-15 deep and 10 feet wide (150 square feet). The proposed turnaround is approximately 312 square feet. The overall width of the driveway could be reduced slightly (50-60 square feet) while still allowing access to the site. Front yard Setback The front yard setback of the existing structure is 0.0 feet from the County Highway 12 right-of-way easement line. The proposed house maintains this 0.0 foot setback. The overall distance to the recently realigned County Highway 12 curb is over 40 feet. Lakeshore Setback The lakeshore setback of the existing structure is 12 feet. The proposed lakeshore setback is 13 feet. The overall depth of the lot (excluding the right-of-way easement) averages less than 40 feet. The average lakeshore setback of the nearby residential properties is approximately 20 feet. Side yard Variances The existing side yard setback is 1 foot. Then proposed side yard setback is 5 feet. The applicant has proposed this setback in order to utilize the area on the east side of the lot where the lot is deepest and offers the greatest potential for a building pad area. The separation distance between the proposed structure and the structures on the eastern adjacent lot is over 50 feet. ANAL YSIS Variance Hardship Findings Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance, provided that: 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. The shape and exceptional topography on the lot create a hardship for the construction of a house on the site. Setback variances are needed to create a 1:\08 files\08 varianees\spring lake Be - brobaek\pereport.doe 2 buildable area for the construction of any house on the lot. Therefore, encroachments into the lakeshore setback and yard setbacks seem necessary for reasonable use of the lot. It is possible to reduce the driveway and turnaround area while allowing for reasonable access to the site. Therefore, staff believes a hardship does not exist for the impervious surface variance request. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. The lot is extremely small with only 3,914 square feet of lot area outside of the County Highway right-of-way easement. The applicant has proposed a house which is designed to utilize the deeper parts of the lot while avoiding the right-of-way easement area. 3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. The small size and shape of the lot create a hardship for the property owner. 4. The granting of the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the variances will not impact the character and development of the local neighborhood. Many of the homes in the area have similar lot conditions and reduced lakeshore and front yard setbacks. 6. The granting of the proposed variance will not be contrary to the intent of this Ordinance and the Comprehensive Plan. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum setbacks. While the proposed variances will not alleviate the required front, lakeshore, and side setback, they will allow for the construction of the proposed house that will improve the existing conditions of the small lot. 1:\08 files\08 varianees\spring lake lie - brobaek\pereport.doe 3 7. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to the shape and size of the lot of record. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The limited buildable area of the lot creates a hardship. The applicant proposes a two story, walkout home in order to maintain a reasonable amount of square footage without a great impact to the impervious surface and setback regulations. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a variance. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. CONCLUSION The strict applications of the front, side, and lakeshore setback requirements create a hardship for the property owner. The applicant proposes to construct a two-story, walkout home on the lot. The proposed structure will increase the existing lakeshore and side yard setback distances while maintaining a similar setback for the front yard. Based upon the findings in this report, staff recommends approval of the requested east side yard, front yard, and lakeshore variances with the following conditions: 1) This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community Development & Natural Resources Department prior to the issuance of a building permit. 2) The building permit is subject to all other applicable city, county, and state agency regulations. 3) The applicant shall address all items outlined in the Community Development and Natural Resources Department July 3, 2008 memorandum prior to issuance of a building permit. Staff believes the applicant could remove 191 square feet of impervious surface from the driveway and turnaround area thereby reducing the impervious surface to 30% of the total lot area. Based upon these findings, staff recommends denial of the requested impervious surface variance. 1:\08 files\08 varianees\spring lake He - brobaek\pereport.doe 4 ALTERNATIVES 1. Approve any variance the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny any variance because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. RECOMMENDED ACTION The recommendations by staff require the following motions: 1. A motion and second adopting Resolution 08-08PC approving the following variances subject to the listed conditions: . A 25 variance from the minimum 25 foot front yard setback required in the R- 1 District (Section 1102.405 (3)). . A 5.0 foot variance from the minimum 10 foot side yard setback required in the R-1 District (Section 1102.405 (3)). . A 60.0 foot variance from the minimum 75 foot lakeside setback (Section 1104.304). 2. A motion and second adopting Resolution 08-09PC denying the following variance: . A 2.5% variance from the maximum 30% impervious surface requirement (Section 1104.306). ATTACHMENTS 1 . Location map 2. Resolution 08-08PC 3. Resolution 08-09PC 4. DNR Comments 5. CDNR Memorandum 6. Survey 7. Impervious Surface Worksheet 8. Conceptual Building Plan 1:\08 files\08 varianees\spring lake lie - brobaek\pereport.doe 5 Print Preview Page 1 of 1 . 2485 Spring Lake Road Disclaimer: This information is to be used for reference purposes only. Scott County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. Surveyor information is updated daily and the data for this application is updated weekly. For current information contact the Scott County Surveyors Office. The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the County shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Ma(LSCale 1 inch = 306 feet httO://llis.co.scott.mn.us/ScottGIS/orintPreview .asox ?PrintOotData=2485 Soring Lake RoadIOIOltrue... 7/7/2008 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION OB-OBPC A RESOLUTION APPROVING VARIANCES FROM THE REQUIRED MINIMUM FRONT YARD SETBACK, MINIMUM SIDE YARD SETBACK, AND MINIMUM LAKESHORE SETBACK TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN THE R-1 ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Bill Broback is requesting variances from the Zoning Ordinance for the redevelopment of a residential property zoned R-1 (Low Density Residential) at the following location, to wit; 2485 Spring Lake Road SW, Prior Lake, MN 55372 East 100 feet of Government Lot 3, Section 4, Township 114, Range 22, Scott County, Minnesota. (pill 25-904-015-0) 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #08-125 and held a hearing thereon on July 14, 2008. 3. 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. 4. The shape and exceptional topography on the lot create a hardship for the construction of a house on the site. Setback variances are needed to create a buildable area for the construction of any house on the lot. Therefore, encroachments into the lakeshore setback and yard setbacks seem necessary for reasonable use of the lot. It is possible to reduce the driveway and turnaround area while allowing for reasonable access to the site. Therefore, staff believes a hardship does not exist for the impervious surface variance request. 5. The lot is extremely small with only 3,914 square feet of lot area outside of the County Highway right-of-way easement. The applicant has proposed a house which is designed to utilize the deeper parts of the lot while avoiding the right-of-way easement area. 6. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. The small size and shape of the lot create a hardship for the property owner. 1:\08 files\08 varianees\spring lake He - b*~lf~BfBnl!ti~IffJ~b~'Prdoe Phone 952.447.9800 / Fax 952.447.4245 1 7. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. 8. The granting of the variances will not impact the character and development of the local neighborhood. Many of the homes in the area have similar lot conditions and reduced lakeshore and front yard setbacks. 9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum setbacks. While the proposed variances will not alleviate the required front, lakeshore, and side setback, they will allow for the construction of the proposed house that will improve the existing conditions of the small lot. 10. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to the shape and size of the lot of record. 11. The limited buildable area of the lot creates a hardship. The applicant proposes a two story, walkout home in order to maintain a reasonable amount of square footage without a great impact to the impervious surface and setback regulations. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. 12. The contents of Planning Case #08-125 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variances to allow for the redevelopment of a residential property on a property zoned R-1 (Low Density Residential): 1. A 25 variance from the minimum 25 foot front yard setback required in the R- 1 District (Section 1102.405 (3)). 2. A 5.0 foot variance from the minimum 10 foot side yard setback required in the R-1 District (Section 1102.405 (3)). 3. A 60.0 foot variance from the minimum 75 foot lakeside setback (Section 1104.304). The variance is subject to the following conditions: 1. This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community Development & Natural Resources Department prior to the issuance of a building permit. 1:\08 files\08 varianees\spring lake He - brobaek\approval resolution. doc 2 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The applicant shall address all items outlined in the Community Development and Natural Resources Department July 3, 2008 memorandum prior to issuance of a building permit. Adopted by the Board of Adjustment on July 14, 2008 Vaughn Lemke, Commission Chair ATTEST: Danette Moore, Community Development & Natural Resources Director 1:\08 files\08 variances\spring lake lIe - broback\approval resolution. doc 3 A RESOLUTION DENYING A 2.5% VARIANCE FROM THE 30% MAXIMUM IMPERVIOUS SURFACE ALLOWED IN THE R-1 DISTRICT TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN THE R-1 ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Bill Broback. is requesting an impervious surface variance from the Zoning Ordinance to allow for the construction of a single family dwelling in the R-1 (Low Density Residential) Zoning District at the following location, to wit; 2485 Spring Lake Drive SW, Prior Lake, MN 55372 East 100 feet of Government Lot 3, Section 4, Township 114, Range 22, Scott County, Minnesota. (PID 25-904-015-0) 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #08-125 and held a hearing thereon on July 14, 2008. 3. 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. 4. It is possible to reduce the driveway and turnaround area below the maximum 30% impervious surface coverage for the lot while allowing for reasonable access to the site. Therefore, staff believes a hardship does not exist for the impervious surface variance request. 5. Staff believes the impervious surface variance is not necessary for the preservation and enjoyment of a substantial property right of the owner. The applicant has the alternative to remove 191 square feet of driveway/turnaround area to allow for the construction without the need for an impervious surface variance. 6. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. 7. The granting of the variance will not impact the character and development of the local neighborhood. 8. One of the purposes of the Shoreland Ordinance is to "to provide for the wise utilization of shoreland areas in order to pre seNe the quality and natural character of these protected waters of the City." This purpose is implemented through required maximum impervious surface amount. In this case an unnecessary variance from the impervious surface requirement is inconsistent with the purpose of this ordinance. 1:\08 files\08 varianees\spring lake lle - ~fWg8$f5~PclRt!~ffi>e 1 Phone 952.447.9800 / Fax 952.447.4245 9. Granting the impervious surface variance will merely serve as a convenience to the applicant. It is not necessary to eliminate a demonstrable undue hardship. It is possible to reduce the driveway and turnaround area below the maximum 30% impervious surface coverage for the lot while allowing for reasonable access to the site. 10. The proposed design of the driveway creates a hardship as related to the impervious surface requirement. 11. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. 12. The contents of Planning Case #08-125 are hereby entered into and made a part of the public record and the record of decision for this case CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby denies the following variance to allow for the construction of a single family dwelling on a residential property zoned R-1 (Low Density Residential): 1) A 2.5% variance from the 30% maximum impervious surface allowed in the R-1 District (Section 1104.306). Adopted by the Board of Adjustment on July 14, 2008 Vaughn Lemke, Commission Chair ATTEST: Danette Moore, Community Development & Natural Resources Director 1:\08 files\08 varianees\spring lake He - brobaek\denial resolution. doc 2 Jeff Matzke From: Sent: To: Subject: Janell Miersch [Janell.Miersch@dnr.state.mn.us] Tuesday, July 08, 2008 3:33 PM Jeff Matzke Broback variance Jeff, We just discussed the variance application for 2485 Spring Lake Road. We discussed the fact that the impervious surface calculation shown on the plan was incorrect, but the corrected impervious still exceeds the 30% shown in Prior Lake's Shoreland Ordinance. When I look at various aerial photography I have available, it appears that the western portion of this lot has very little vegetation. I am concerned that the western portion of the lot is also impervious, although it does not have a building or concrete shown on the plans. We suggest this western area be vegetated and an infiltration basin or raingarden be integrated into the plan to capture some of the runoff from the increased impervious coverage. We also suggest removal of the concrete patio that is lakeward of the home and a reduction in the size of the proposed driveway in addition to on-site treatment and revegetation. I am available to conduct a site review if requested. Janell Miersch, South Metro Area Hydrologist Metro DNR Waters 1200 Warner Rd St. Paul MN 55106 Direct: 651-259-5776 Main Metro Waters: 651-259-5845 Fax: 651-772-7977 1 BUILDING PERMIT REVIEW Community Development & Natural Resources Department Memo To: Planning Commissioners From: Jeff Matzke cc: Date: 7/3/2008 Re: Variance Review - 2485 Spring Lake Road The Community Development & Natural Resources Department has reviewed the above listed building permit application. The following is a list of comments from the review: 1) Reduction of the driveway by 191 square feet would allow for impervious surface to be under 30% maximum limit. 2) Total caliper inches of significant trees = 64" Removal allowed before replacement (35%) = 22.4" Total removal proposed = 34" Required Replacement = 5.8" or two trees (34 - 22.4 = 11.6/2 = 5.8") 3) Lowest floor of proposed house must be at or above the 915.4 elevation to be considered above the floodplain elevation. 4) Eaves and basement egress windows cannot encroach into 5 ft. east side yard setback. 1 ill18RCfi] if] <!1AC!Hf ~lIf ~rtIl{RlDff!!f ~ U) () ~ 0- m _:::::-- SIDEWALK 2 (1701H 51) - ""\ It. OF CO. ROAD NO. 1 \ FORMERL'( 51 A 1E HwY. NO. 13 \ i:> 5 N .... "- o ~~ ...., VI... <- w- I w... r .... . .... ~b w--' :;:;.... --';. ~g , L lXJ o o N "- N "- to '- - LAKE ELEV. AS CF 6/3/2008 = 910.7 01 :t "0 N N m N .,/ 01 :t ~ ~ I hereby certify that this survey, plan, or report en was prepared by me or under my direct supervision ;} and that I om 0 duly Registered Land Surveyor !! under the lows of the state of Minnesota. ! AVERY G~ fJ ~ c o .....I DATE 6/12/0B REGISTRATION NO. 15475 .,/ Vi SPRING LAKE LAND SURVEY FOR BILL BROBACK E. 100 FEET OF GOVT. LOT 3- S. OF STATE HWY. 13 SEC. 4, T114, R22 SPRING LAKE T'M=>. SCOTT COUNTY, MINNESOTA . DENOTES IRON PIPE FOUND o DENOTES IRON PIPE SET BY RLS NO. 15475 SCALE: 1 INCH = 30 FEET Jun.,200B FILE NO. 2922 "'. "'. o ... I ... : ?; 3 N L() A I"') N . o SW CORNER or THE U') PLA T or "BUTTERNUT _BEACH" ~ X MARKED ON CONCRETE - ~ NOTE CONC. SlAB .....::. OVER UNE ......... -H N en FRDn -: SIBLEY _SURtJE'/DR_ I t~C. PHOt-jE t.lD. : 507 2372755 JI..I.1. 08 2008 09: 45At1 P2 CITY OF PRIOR LAKE Impervious Surface Calculations (To be Subnun~d with Building Permit Apphcation) FOT All Properties Located in the Shoreland District (SD). The Maximum Impervious Surface Coverage Permitted is 30 Percent. Property Address d. if '3 5 5 P (2.1 TV G:, l- A (L C r<-O Lot Area 7 80 Z- sq. ft. x 30% = .............. "2.3lf J ************************************************************************ LENGTH WIDTH SQ. FEET HOUSE 2.... e. 6 x 2.0 ::: 5')2- 2.4- X 2.2- = f :a <1' A IT ACHED GARAGE )..0 x -:2,<J = !..f;,f:} TOTAl.. PRINCIPAL STRUCTURE...................... I '""CO J .) DETACHED BUILDINGS (Garage/Shed) x X TOTAL DETACHED BUILDINGS....................... DRlVEWAYfPAVED AREAS J3 x 2.7 = ]J2- 7"2..() J~ = (Driveway-paved or DOC) (Sidewalk/Parking .Areas) :.,.Q x x = TOT AL PAVED AREAS......................................... ID3'- x X = P A TIOS/PORCRESIDECKS (Open Decks Yo" min. opening bo:t\.\Ieen boards, with ;]. pervious surface bc:low, are not considered 10 be impervious) = x = TOT AL DE CKS.;...................................................... ~ (.D((,KJ - J 2.0) fj?~ OTHER E '!..f fT. HO~f..... . ~ = x = TOTAL OTHER............... ........................................ TOTAL IMPERVIOUS SURFACE UNDE~ 2.53~ )? J Company ~lJ~,,~~ fIB l.f:1 f &.,fl.V t:.'ftJRf, I ~L Prepared By Date 7~{)~. ~ Ph e # fa? ~ :L 17. .r J,J't. on' L..HA NDOl1TS\l!vl PER V10U5 .doc: ~ ~~ ~~ & ~~ ~~ ~~8 :1 ~:!"O :.: 3.i~ ~.: .,,>..5!:c B.z. D i j.2~ ~ ~ -8~:~~ :::i-a.8 is 8 i~ ..r- 1i 0 0 o!Jl: ~ ::i fi vvoz-z~v - :::> N I . 8 N INN V. d S d I.. 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