HomeMy WebLinkAbout7A - Variance Report
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MARCH 16, 2009
7A
JEFF MATZKE, PLANNER
CONSIDER APPROVAL OF THE 2008 VARIANCE SUMMARY REPORT
Introduction
This report provides the City Council with information regarding the 2008
variance activity. It is intended to give the Council information that will be
useful in evaluating future variance requests, and in evaluating the need for
ordinance revisions.
Historv
The Planning Commission acts as the Board of Appeals for all variance
applications. In the case of an appeal from a decision of the Planning
Commission, the City Council hears the appeal.
In the year 2008 the City of Prior Lake received 5 variance applications.
These applications included a total of 9 individual variance requests. All 9
requests were approved by the Planning Commission.
Two of the five total properties which applied for variances were riparian lots
within the shoreland district. The types of requests included variances from
front, rear, side, and lakeshore setbacks.
Table 1 is a summary of variance activity for 2008, and a comparison of
activity for the previous 5 yea .s.
2008 2007 2006 2005 2004 2003
Number of Applications 5 3 6 8 10 12
Number of Requests 9 18 14 17 23 16
Requests Approved 9 16 14 13 14 10
Requests Denied 0 0 0 4 9 5
Requests Incomplete 0 0 0 0 0 1
Requests in Process 0 2 0 0 0 0
Requests Withdrawn 0 0 0 0 0 0
PC Decisions Appealed 0 2 0 2 5 6
PC Decisions Overturned 0 0 0 0 0 2
Number Lots in SD 3 2 4 6 8 8 I
Number of Riparian Lots 2 2 4 6 6 7 I
Note: If an applicant requested a variance and the Planning Commission approved a reduction
of the
original request, then it is represented as one approved request and one denied request in the
tables.
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rage 1
Phone 952.447.9800 / Fax 952.447.4245
Table 2 compares the specific types of variance requests in 2008 to the
requests for the five preceding years.
VARIANCE REQUESTS
Lot Area
Lot Width (Front)
Lot Width (OHW)
Front Yard Setback
Rear Yard Setback
Side Yard Setback
Side Street Side Yard Setback
Side Yard Setback for
walls> 50'
Eave Encroachment (5')
Sum of Side Yard Setback
15' Building Separation
Structure Setback to OHWM
Bluff Setback
Bluff Impact Zone
Impervious Surface Coverage
Building Height
Wall Length/Building Height
Ratio
Accessorx Buildings
Driveway Setback
Driveway Width
Maximum Driveway Slope
Road Access Below the RFPE
(901')
Parking Stalls
Subdivision of contiguous
nonconforming lots
Incomplete/PendinglWithdrawn
2008 2007 2006 2005 2004 2003
121 3
3 1
4
1
2
4
3
1
2
5
3
1
3
4
4
2
1
1
1
1
1
1
2
1
2
1
2
1
1
1
2
5
1
2
2
3
1
1
1
2
2
2
1
o
o
o
o
o
1
The 2008 variance requests are comparable to requests made in the previous
5 years. The majority of the variances were requested to make improvements
in required front and side yards of existing single family dwellings. The
applications with the largest number of requests were for nonconforming lots.
In 2008, the City adopted the following amendments to the Zoning Ordinance
text:
1) Section 1107.306 was amended to allow greater flexibility in the
proof of parking regulations thereby reducing unnecessary
impervious surfaces on commercial and industrial sites which do
not require the industry standard parking needs.
2) Section 1104.800 was amended to update the references to
stormwater planning documents and define a grandfather period
and for existing and future regional collection and treatment
facilities.
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The above amendments were intended to address specific issues of the
Zoning Ordinance. These amendments have no affect on the variance
requests.
The staff has continued to work with applicants to reduce the number of
variance requests by reviewing submitted documents and eliminating requests
through plan redesign when possible.
Current Circumstances
The Planning Commission considered this summary report on March 9, 2008.
The Planning Commission concluded that the variances requested were site
specific. At this time there is no need to amend the Zoning Ordinance to
address any recurring issues due to variance requests.
ISSUES:
The number of applications for variances has trended downward over time.
This suggests, first of all, that the staff's effort in working with permit applicants
to identify design alternatives to the variance process has been effective. The
downward trend of variances also suggests the amendments to the ordinance
over time have been effective in addressing concerns within the ordinance.
Since a variance, by definition, is noncompliance with the ordinance, it is
desirable the number of approved variances be minimized to those situations
with a defined hardship.
It is no surprise to City Staff that shoreland properties continue to be the focus
of most variance requests. These are the most highly regulated lots under the
ordinance because of the environmental issues they represent. The lots are
also among the oldest in the City, and many tend to be nonconforming in
terms of size and width. These factors result in making building on these lots
more difficult.
ALTERNATIVES:
The City Council has the following alternatives:
1. Approve the variance summary report as part of the consent agenda.
2. Provide the staff with additional direction.
RECOMMENDED
MOTION:
A motion and second to approve the variance summary report as part of the
consent agenda is required.
Reviewed by:
(~t
Frank BOYlevan
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FILE # APPLICANT ZONING V ARIANCE(S) PC ACTION & CC ACTION &
PROPERTY ADDRESS REQUESTED DATE DATE
08-123 Jeff Wilson R-1SD . A 15.3' variance from the Approved 6/23/08
14972 Pixie Point Circle required 25' minimum
front yard setback
. A 5' variance from the
required 10' minimum
side yard setback
. A 25' variance from the
required 25' minimum
bluff setback
08-125 Bill Broback, Spring Lake LLC R-1SD . A 25' variance from the Approved 7/14/08
2485 Spring Lake Road minimum 25' front yard
setback
. A 5' variance from the
minimum 10' side yard
setback
. A 60' variance from the
minimum 75' lakeside
setback
08-128 Preston Reynolds, EM Products C-5 . A 15' variance from the Approved 7/14/08
5380 Cottonwood Lane 50' minimum front yard
setback
08-135 Justin Rubenzer C-4 . A 23' variance from the Approved 9/22/08
4520 Tower Street 60' minimum side yard
setback
08-136 Lyman & Dorothy McPherson R-1SD . A 9.38' variance from the Approved 9/22/08
16282 West Avenue minimum 25' front yard
setback
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