HomeMy WebLinkAbout5A Rubenzer Variance
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
STAFF REPORT
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
5A
PUBLIC HEARING TO CONSIDER A VARIANCE FROM
THE 60 FOOT SIDE YARD SETBACK ABUTTING AN "R"
USE DISTRICT
JEFF MATZKE, PLANNER
..lL.. YES _NO-N/A (Continued from 9/8/08)
EP 08-135
SEPTEMBER 22, 2008
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
Justin Rubenzer is requesting a variance to allow for the construction of a car wash
located at 4520 Tower Street. The property is located south of State Highway 13, east
of County Road 23 (Panama Avenue), and west of Toronto Street.
The property is zoned C-4 (General Business) and is guided C-CC (Community Retail
Shopping on the 2030 Comprehensive Plan Map. In order to construct the car wash as
proposed the following variance is required:
. A 40 foot variance from the required 60 foot minimum setback abutting an "Rn
Use District (Section 11 02.1300( 11 )).
A public hearing was held at the September 8, 2008 Planning Commission meeting for
this item. At the meeting various residents stressed concerns with the location of the
storm water pond, tree removal, noise from the site, and setback distances. After
discussion of the site the Planning Commission continued the public hearing to a future
meeting and directed the applicant to complete further revisions which may change the
position of the storm water pond, consider more screening with trees at the south side of
the paved area, and arrange a neighborhood meeting.
DISCUSSION:
The applicant has proposed to place the 6,583 square foot car wash structure a
distance of 20 feet from the east property line. This property abuts a property on which
the local school district offices are located. This adjacent property was the former
location the Ponds Edge School, however, this school was removed in 2006 due to the
construction of the Jeffers Pond Elementary School and the Westwood Elementary
School addition. The school district then renovated the building to house the district
offices exclusively. Despite the current commercial use nature of the offices the
property has remained an R-1 Low Density Residential zoned property, and therefore
the applicant is required to maintain an increased setback from the lot. The standard
C-4 zoned commercial side yard setback is 20 feet. The applicant is asking for a
variance to allow for the car wash building to be placed at the standard C-4 zoned
commercial side yard setback.
1:\08 files\08 variances\rubenzer car wash\pc r~~ofpriorlake.com
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 former school location has created the hardship for
the commercial car wash to be located an increased distance from the school district
office lot.
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 need for the minimum 60 foot side yard setback is unique to this lot due to the
former location of the Ponds Edge School. The applicant has proposed a structure
which will meet the standard 20 foot required minimum setback for the C-4 district.
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 C-4 zoned commercial property. The nonconformity was
created as a result of the location of a former school which has since relocated.
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.
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The granting of the variances will not impact the character and development of the
area. The other properties along the block of Tower Street are C-4 zoned
commercial lots.
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 car wash to meet the standard setback for a C-4 zoned side
yard.
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 unique circumstance of
the adjacent school district office location.
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 former location of a school on the adjacent
property and remaining R-1 zoning classification.
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 60 side yard setback creates a hardship for the property
owner. This adjacent property was the former location the Ponds Edge School,
however, this school was removed in 2006 and the school district offices now house the
building. The applicant has proposed to meet the standard 20 foot side yard setback
required in the C-4 Zoning District. Based upon the findings in this report, staff
recommends approval of the requested side 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.
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3
2) The building permit is subject to all other applicable city, county, and state agency
regulations.
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 40 foot variance from the required 60 foot minimum setback abutting an "R"
Use District (Section 1102.1300(11)).
ATTACHMENTS
1 . Resolution 08-13PC
2. Location map
3. Site Plan (See CUP Attached Plans)
1:\08 files\08 variances\rubenzer car wash\pc report2.doc
4
RESOLUTION 08-13PC
A RESOLUTION APPROVING A VARIANCE FROM THE 60 FOOT SIDE YARD
SETBACK ABUTTING A "R" USE DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Justin Rubenzer is requesting a variance from the 60 foot side yard setback abutting
a "R" Use District on a commercial property zoned C-4 (General Business) at the
following location, to wit;
4520 Tower Street SW, Prior Lake, MN 55372
Lot 1, Block 2, Enivid First Addition, according to the recorded plat thereof. (PID 25-269-003-0)
And
That part of Outlot A, in said Enivid First Addition, lying southerly and easterly of the following
described line:
Beginning at the southwest corner of said Outlot A (the south line of said Outlot A has an assumed
bearing of South 89 degrees 53 minutes 43 seconds West); thence North 71 degrees 23 minutes 09
seconds East a distance of 316.12 feet; thence North 01 degrees 30 minutes 45 seconds East a
distance of 258.70 feet to the northerly line of said Outlot A and said line there terminating.
(PID 25-269-004-1)
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #08-135 and held a hearing thereon on September 8, 2008.
3. The Board of Adjustment continued the September 8, 2008 public hearing to
September 22, 2008.
4. 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.
5. The hardship has been created by the former location of a school on the adjacent
property and remaining R-1 zoning classification.
6. Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
7. 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 unique circumstance of
the adjacent school district office location.
1:\08 files\08 variances\rubenzer car wash\approval resolution. doc
1
8. 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 car wash to meet the standard setback for a C-4 zoned side
yard.
9. The granting of the variances will not impact the character and development of the
local neighborhood. The other properties along the block of Tower Street are C-4
zoned commercial lots.
10. Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
11. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the C-4 zoned commercial property. The nonconformity was
created as a result of the location of a former school which has since relocated.
12. The need for the minimum 60 foot side yard setback is unique to this lot due to the
former location of the Ponds Edge School. The applicant has proposed a structure
which will meet the standard 20 foot required minimum setback for the C-4 district.
13. The exceptional condition of the former school location has created the hardship for
the commercial car wash to be located an increased distance from the school district
office lot.
14. The contents of Planning Case #08-135 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 on a commercial property zoned C-4 (General Business):
. A 40 foot variance from the required 60 foot minimum setback abutting an "R"
Use District (Section 1102.1300(11)).
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 September 22,2008
Vaughn Lemke, Commission Chair
ATTEST:
Danette Walthers, Community Development & Natural Resources Director
1:\08 files\08 variances\rubenzer car wash\approval resolution. doc
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