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Home My WebLink About5B EM Products Variance 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 PLANNING REPORT PREPARED BY: PUBLIC HEARING: CASE FILE #: DATE: 5B PUBLIC HEARING TO CONSIDER A VARIANCE FROM THE FRONT YARD SETBACK IN THE C-5 (BUSINESS PARK) ZONING DISTRICT. JEFF MATZKE, PLANNER -LYES _NO-N/A EP 08-128 July 14, 2008 AGENDA ITEM: SUBJECT: INTRODUCTION: Preston Reynolds, owner of the site, on behalf of EM Products has applied for a variance to allow for an addition to the existing building on a site located at 5380 Cottonwood Lane. For the proposed construction of this addition the following variance is required: . A 15 foot variance from the minimum 50 foot front yard setback required in the C-5 District (Section 1102.1406). The total site is approximately 3.5 acres. Currently, the site contains a 28,800 square foot structure. The property is zoned C-5 (Business Park) and guided C-BO (Business Office Park) on the 2030 Comprehensive Plan Map. BACKGROUND: EM Products is a manufacturer of industrial engine exhaust parts. They have occupied the site since 1995. The Planning Commission may recall a Conditional Use Permit was issued to the site for temporary outdoor storage in January 2008 while the business discussed plans for this proposed building expansion. DISCUSSION: The front yard along County Highway 21 was reduced as a result of the recent road expansion project. Prior to the road construction the building was setback 50 feet from the County Highway 21 right-of-way. The expansion of the road included a 15 foot wide area dedicated as right-of-way leaving a 35 foot front yard setback for the existing structure. The applicant is proposing to add a building addition which extends the building line of the existing structure while maintaining the existing setback of 35 feet. The applicant will also submit a site plan application for review of landscaping, parking, storm water, grading, and other performance standard requirements. 1:\08 files\08 variances\em products\pc report.doc .ty f . I k www.clopnorae.com 1 Phone 952.447.9800 / Fax 952.447.4245 ANALYSIS: 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 exceptional condition of the highway expansion has created the nonconforming setback of 35 feet. To maintain the existing setback the applicant is required to obtain a variance from the front setback. 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 reduced front yard setback is unique to this lot due to the expansion of the highway right-of-way. The applicant has proposed an addition which will maintain the existing setback as the current structure. 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 nonconformity was created as a result of the reduced setback due to the road expansion. 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. 1:\08 files\08 variances\em products\pc report. doc 2 The granting of the variances will not impact the character and development of the local neighborhood. Many of the buildings along Cottonwood Lane, south of County Highway 21 have similar 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. The proposed variance will allow the addition to maintain the existing setback on the site. 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 hardship has been created by the expansion of the county highway and did not result from the actions of the property owner. 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 applicant of the 50 front yard setback creates a hardship for the property owner. The existing nonconforming setback was created when the adjacent highway was expanded on the north side of the lot. The applicant has proposed to maintain the existing setback for the proposed addition. Based upon the findings in this report, staff recommends approval of the requested front yard variance 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. 1:\08 files\08 variances\em producls\pc report. doc 3 ALTERNATIVES 1. Approve the variance requested by the applicant. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. ACTION REQUIRED This request requires the following motions: 1. A motion and second adopting Resolution 08-10PC approving the following variance subject to the listed conditions: . A 15 foot variance from the minimum 50 foot front yard setback required in the C-5 District (Section 1102.1406). ATTACHMENTS 1. Location map 2. Survey/Building Addition Plan 3. Resolution 08-10PC 1:\08 files\08 variances\em products\pc report.doc 4 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 08-10PC A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED MINIMUM FRONT YARD SETBACK TO ALLOW FOR A BUILDING ADDITION ON A PROPERTY IN THE C-5 (BUSINESS PARK) ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Preston Reynolds is requesting a variance from the front yard setback to allow for a building addition on a commercial property zoned C-5 (Business Park) at the following location, to wit; 5380 Cottonwood Lane SE, Prior Lake, MN 55372 That part of Lot 1, Block 1, Waterfront Passage Addition, Scott County, Minnesota described as follows: That part of Lot 1 lying westerly of a line described as: Commencing as the Northeasterly corner of said Lot 1, Block 1; thence North 62 degrees 52 minutes 03 seconds West along the northeasterly line of said Lot 1, Block 1, a distance of 1073.82 feet to the point of beginning of the line to be described; thence South 31 degrees 36 minutes 51 seconds West a distance of 275.72 feet to the southwesterly of said Lot 1, Block 1, and there terminating. (PID 25-296-001-0) 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #08-128 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 hardship has been created by the expansion of the county highway and did not result from the actions of the property owner. 5. Staff does not believe that increased development or construction costs or economic hardship are the basis of this request. 6. 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. 7. 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. The proposed variance will allow the addition to maintain the existing setback on the site. 1:\08 files\08 variances\em products\appr~<a~B\\5'flt5W8ke.com Phone 952.447.9800 / Fax 952.447.4245 1 8. The granting of the variances will not impact the character and development of the local neighborhood. Many of the buildings along Cottonwood Lane, south County Highway 21 have similar setbacks. 9. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. 10. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. The nonconformity was created as a result of the reduced setback. 11. The reduced front yard setback is unique to this lot due to the expansion of the highway right-of-way. The applicant has proposed an addition which will maintain the existing setback as the current structure. 12. The exceptional condition of the highway expansion has created the nonconforming setback of 35 feet. To maintain the existing setback the applicant is required to obtain a variance from the front setback. 13. The contents of Planning Case #08-128 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 variance from the front yard setback to allow for a building addition on a commercial property zoned C-5 (Business Park): . A 15 foot variance from the minimum 50 foot front yard setback required in the C-5 District (Section 1102.1406). 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. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 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\em products\approval resolution. doc 2 EM Products Location Map w N + 570 1 ,140 Feet ,. n. I !s!hli II fl. illi I hI ill IIUI~I i ~ ! tlUi ~ 111111'il fn~ i~ I Ult I . ! 5 i lu!W 0 flU z It) ::i t;lJj uI =>=>z '" 822 :5 lf~15 l5 iU~ f ~ 1111 ~ II11 Jill] ~ Ii I Ie; f~ m n I U d II ia ;. . h !f~' i II ~~~ . ~ .ali.. i I~ ~!I.I.. "- '-- -- ---...--- --- --- -- -----------------------