HomeMy WebLinkAbout5B McPherson Variance
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
SITE ADDRESS:
PREPARED BY:
PUBLIC HEARING:
DATE:
CASE FILE:
INTRODUCTION
PLANNING REPORT
5B
CONSIDER A VARIANCE FROM THE REQUIRED
MINIMUM FRONT YARD SETBACK FOR THE
CONSTRUCTION OF A GARAGE
16282 WEST AVENUE SE
DANETTE WALTHERS, COMMUNITY DEVELOPMENT
& NATURAL RESOURCES DIRECTOR
X YES NO-N/A
SEPTEMBER 22, 2008
08-136
Lyaman and Dorothy McPherson are requesting a variance to construct a garage
addition at 16282 West Avenue. In order to do so, the following variance is
required: .
1. A 9.38 foot variance from the required 25 foot front yard setback in
the R-1 Use District (Section 1102.405)
BACKGROUND
The 18,864 square foot lot is located on the southwest corner of Colorado Street
and West Avenue. The property is zoned R-1 (Low Density Residential District)
and is guided R-LD (Urban Low Density Residential) on the 2030
Comprehensive Land Use Map. The site falls within the Shoreland Overlay area.
A single family home with a one-car garage and shed currently occupies the site.
DISCUSSION
The applicant proposes to construct a 676 square foot garage on the west side of
the existing house. The site is within the Shoreland Overlay area and thus is not
allowed to surpass 30% impervious coverage of the site. With the addition, the
proposed square foot will still have a remaining 2,655 square feet of coverage
allowed below the 30% impervious limitation. The applicant considered
alternative locations on the site to construct the garage; however, due to existing
vegetation, retaining walls, and trees, the applicant is requesting the variance to
allow for the future construction of the proposed garage. Taking into
L:\08 FILES\08 VARIANCES\McPherson\PC ~:a8iYofprior1ake.com
Phone 952.447.9800 / Fax 952.447.4245
- - -- --- -- -- - --- -- -- _._-~_.._.__._-_._._- -
consideration that Prior Lake is a recreational community, previously the City has
found it reasonable for property owners to have a minimum of a two car garage.
The current attached garage does not qualify as a two car garage. The exterior
of the structure will be of similar material and architecture to the exiting primary
structure on the site.
As is allowed, corner lots may have two driveways; provided they meet spacing
requirements that allow for sightline visibility (30 feet from the intersection of
Colorado and West Avenue) and that they do not exceed a combined width of 24
feet at the right-of-way/property line, in conformance with Section 1107.205 of
the Zoning Ordinance. Prior to building permit issuance, the survey must be
revised to show the reconfiguration of the driveway off of Colorado Street to not
allow for a combined width exceeding 24 feet (with that of the driveway off of
West Avenue). In addition, the existing gravel driveway located off of Colorado
Street will need to be reconfigured to allow for a straight in access (adjustment
of curb cut) and bituminous surfacing.
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 applicants are asking for the variance to allow for existing retaining walls,
trees, and vegetation to remain. The current garage does not meet what has
been seen as a reasonable expectation of a two car garage.
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.
Placement of the proposed two-car garage in any other location on the lot
would require the removal of trees and possibly a need for excessive
impervious coverage in the Shoreland Overlay area.
L:\08 FILES\08 VARIANCES\McPherson\PC Report.doc
2
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 a variance from the front yard setback is necessary for the
placement of a two-car garage as proposed. On a case by case basis, two-
car garages have been deemed necessary for substantial and reasonable
use of the property.
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.
The granting of the requested variance will not impair an adequate supply of
light or air to adjacent properties nor will it increase traffic congestion.
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 a front yard setback variance will not unreasonably impact the
character of the neighborhood.
6. The granting of the proposed variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
The intent of the Ordinance and Comprehensive Plan is to allow for a
reasonable use of the site for residential purposes. The granting of the
proposed variance will support this intent.
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.
The variance is needed to alleviate the undue hardship of a lack of a two-car
garage on the lot.
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 existing trees, previous placement of the house, and adjacent roadways
create the hardship for the owner. The owner's actions are not the result of
the hardship.
L:\08 FILES\08 VARIANCES\McPherson\PC Report.doc
3
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a variance.
Increased development or construction costs are not the basis for the
variance requests.
CONCLUSION
The applicant is proposing to construct an attached 676 square foot garage. In
order to construct the new garage, a 9.38 foot variance is needed from the front
yard setback.
Staff believes that the strict applicant of the 25 front yard setback creates and
undue hardship for the property owner. The lot currently has a one-car garage
and on a case by case basis, a two-car garage has been deemed necessary for
reasonable use of properties in Prior Lake. Based on this analysis and the
findings above, staff recommends approval of the 9.38 foot front yard variance
with the following conditions:
1. The 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 Planning Department prior to the issuance
of a building permit.
2. The driveway and curb cut extending to Colorado Street shall be
reconfigured to allow for a straight in access point and not to exceed a
width of 24 feet when combined with width of the driveway extending off of
West Avenue (at right-of-way line).
3. The driveway shall be surfaced with bituminous, concrete, or other hard
surface material.
4. Prior to building permit issuance, elevations of the proposed garage shall
be approved by the Community Development and Natural Resources
Department to assure that similar materials and architecture to that of the
primary structure are being utilized.
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 Ordinance criteria. In this case, the
L:\08 FILES\08 VARIANCES\McPherson\PC Report.doc
4
Planning Commission should direct staff to prepare a resolution denying the
requested variance based on specific findings of fact.
RECOMMENDATION
Staff recommends alternative #1.
ACTION REQUIRED
This request requires the following motion:
1. A motion and second adopting Resolution 08-XXPC approving the following
variance.
ATTACHMENTS
1 . Resolution 08-14PC
2. Survey
3. Impervious Surface Calculation Sheet
L:\08 FILES\08 V ARIANCES\McPherson\PC Report.doc
5
A RESOLUTION APPROVING A VARIANCE FROM THE REdUlRED MINIMUM
FRONT YARD SETBACK FOR THE CONSTRUCTION OF A GARAGE
IN THE R-1 ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Lyaman and Dorothy McPherson are requesting a variance from the front yard
setback to allow for the building of a garage on property zoned R-1 (Low Density
Residential) at the following location, to wit;
16282 West Avenue SE, Prior Lake, MN 55372
And legally described as follows:
The East Half of Lot 16, and all of Lots 17 and 18, Block 1, LAKESIDE GARDENS, Scott
County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #08-136 and held a hearing thereon on September 22,2008.
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 existing trees and the placement of the primary
structure on the lot 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
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 not create overcrowding or an undue concentration of structures.
8. The granting of the variances will not impact the character and development of the
local neighborhood.
1:\08 fi1es\08 variances\mcpherson\appr~~l9b~ake.com
1
Phone 952.447.9800 / Fax 952.447.4245
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.
11. The reduced front yard setback is unique to this lot due to the current placement of
the house and existing trees/vegetation.
12. The contents of Planning Case #08-136 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 garage addition on a
residential property zoned 1-1:
. A 9.38 foot variance from the minimum 25 foot front yard setback required in
the R-1 Zoning District.
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
3. 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 Moore, Community Development & Natural Resources Director
1:\08 files\08 variances\mcpherson\approval resolution.doc
2
0
<" "'
K ~
'" '" ...
,. ~ ::l
z .
'" 'tl 0
~ ,.
0 ..
'" "'
'" 0.
"' 0
i:: " ..
0
0 ~ gj
Z '"
<
~
WEST
~.g ~ ~
~ ~'O 2:
lllf'l:J ~
~~~ :
" 0 '"
wOhl ::oc
~;~
. 00.
t~;.1
:;z:;p~
. <
~~~
..on
~:~
~a:t
~~ ~.
"'0
00-
~ 0
~g
lAO
00"
~ .
o.
o.
:'0
)>
c:
Ci')
~
l-.:>
co
~
'f
z
S
r;>
W~~ ~
~~: ~
n 0.: ~
gt;" t<
;;~;: 0
'< Ql.... ~
~g: E
~. x- t'tI "0
~~~ ~
~C"'rr ~
:J=~
"'
fI>.
"'"
tlo.
..
.
"...
,....
'"
tlO
ill"
fI><"
~ ~
-=t
N 0"42' 12" W
150.88
uo;
f;'~
('~~~
\f'.;) I)
~
151.26
S 0"42146"E
AVENUE
SE
I
t ~
~
"-
r "-
~
n
.
c
tI <; m
"
0 0 "
" " 0
~ ~ "
~ \'5
. ~ ~
tI "
ill ftl 0 0
is ;J ~ ~
: ~ i ~
.
Q"
~
e:
oil
0 .
< '0
0
~ ~
0"
re 0
0. ...
0
'" <
0 ~.
<
0 0
~ "
o 0
~ g
~ ~
.
o .
o ...
~ .
Q" Q"
.
"
0.
'"
:;
o
o
~
.
o
"
Q"
~
: t::
.. "
ii 0
.. ..
~
0 3
" "
g .
" 0
"
0 0
~ ~
~ ~
.. .
0
0 0 ~
" 0
0.
.
0
0
"
~ .
0 0
.
o Z
~
~
m
m
~
(')
o
r
o
:0
~
o
Ul
-i
:0
/'11
/'11
-i
Ul
/'11
@)~
I
I
I
L-
z
.
CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with BuUding Permit Application)
For All Properties Located in the 8h9reland District (8
The Maximum Impervious Surface Coverage Pennitted in 30 Percent.
Property Address /izgZ. v/~ /lvE. ~E
Lot Area / 8J ~ b 'I Sq. Feet x - .............. 5~ G9
.*..****.***************************************************************
fO) [E @ [E 0 \TI [E ~I
lllil AUG 2 2 2008 W
LENGTH WIDTH SQ. FEET
HOUSE Z6 x tI-4- .- Il#-
x =
ATIACHED GARAGE /'2 x 2-Z- = Z6~
TOTAL PRINCIPLE STRUCTURE---.. /;,fpg
DETACHED BLDGS
(Garage/Shed)
x
X
TOTAL DETACHED BUILDINGS.......................
/J() JJ €
I
DRlVEW A YIP A VED AREAS
(Driveway-paved or not)
(SidewalklParking Areas)
/ /) x
/'2. X
x
t:;o
/'2,
=
=
5PO
/tI'i
=
TOTAL PAVED AREAS............._..........................
6~
. PATIOSIPORCHESIDECKS 1'2- X jCJ = ZZ8
(Open Decks Y4" lOin. opening bctwccn X =
boards. with a pervious surface below,
are not considered to be impervious)
X =
TOTAL DECKS................................................ I ....-...
228
O~~P(/6EO ~r<.
~Wl7F
=
lJ'lb
~
. TOTAL IMPERVIOUS SURFACE
7Z~
3pPq- l
&Nn~VER. II .. I Z6 65 I
Prepared~G~/7P~ ~ate 13/1/08 .
Companhid:<'#/WE i4)/..o6YIl.v'~ Y.l,.y't1, _.- Phone # '1Gz. - f4/7 -f/6i
2b x
6"
z.h
tB
=
TOTAL OTHE.R.........................-..&.&......~I. .....T~..........