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Home My WebLink About5 - 14354 Watersedge Trail Variance Request� PR10� ti uO MEETING DATE: APRIL 29, 2013 AGENDA #: 5A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: NO AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MIN- IMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD, MIN- IMUM SUM OF THE SIDE YARD SEBTACKS, MINIMUM BUILDING SEPA- RATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction S Wold Construction Inc, on behalf of the owner, is requesting variances from the minimum lake setback, minimum front yard setback, minimum sum of the side yard setbacks, minimum building separation, minimum lot area, and maxi- mum impervious surface on a property located at 14354 Watersedge Trail NE. The property is located along the northeastern shores of Lower Prior Lake, west of Trunk Highway 13, south of Rutgers Street. The site is currently va- cant. The following variances are requested: • A 15 foot variance from the required minimum 20 foot front yard set- back using the average front yard setbacks of the adjacent proper- ties (Section 1102.405 (5)) • A 9.8% variance from the 30% maximum impervious surface re- quirement for a residential property in the Shoreland District (Section 1104.308 & Section 1104.902 (1)) • A 13.3 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Sec- tion 1104.308). • A 3.4 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot. (Sec- tion 1101.502 (7)). • A 2.4 foot variance from the minimum 15 foot sum of the side yard requirement (section 1101.502 (7)) • An 1, 830 square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Section 1104.902 (1)) Hi. story On April 1, 2012 the Planning Commission held a public hearing to consider the variance requests. At the meeting various comments were raised by both members of the public and the Planning Commission. The Planning Commis- sion voted to continue discussion of the item and directed the applicant to pro- vide additional information and plan alternations regarding the following: • Consider increasing the side yard setback width to allow for increased storm water drainage areas and a possible reduction of impervious sur- face • Provide a cross-section drawing that displays elevations of the proposed house in comparison to adjacent properties. • Provide clarification regarding the deed of property along the Lakeshore The applicant has provided a revised floor plan of the house (see attachment) which indicates a 2 foot reduction in width of 37 feet rather than the original 39 foot width design. The applicant is still revising the survey plan to reflect this design change; however, the change would result in an increased side setback along the west property line from the original proposed 5.3 feet to 7.3 feet. The applicant also states he has closed the purchase of the lot since the public hearing meeting, indicating his level of commitment to the project, and is still working with his builder to complete the revised survey and cross section as requested. Also, the applicant has completed title review of the waterfront area in search of any deed along the lakeshore and found no encumbrances regarding lakeshore access ownership. Upon further investigation City Staff has also determined this issue to not have bearing on the specific variance requests at hand regard- less of the legal ownership determination. Current Circumstances The property is zoned R-1 (Low Density Residential), and is guided R -LD (Ur- ban Low Density) on the 2030 Comprehensive Plan Land Use Map. The applicant proposes to construct a new 2 -story home and attached 2 -car garage onsite with a 1,948 sq. ft. footprint. The lot is low in elevation in com- parison to the waters of Prior Lake; therefore it is not possible to add a base- ment to the property. The applicant proposes to raise the grade of a portion of the property to allow the lowest floor of the proposed house to be at or above an elevation of 909.9 as is required by the Floodplain Ordinance. Small retain- ing walls will be constructed along the side property lines to allow the grade to be elevated above the floodplain elevation of Prior lake. The property is 50 feet in width and 5,670 square feet in total area above the high water mark of Prior Lake (904.0 elevation) thereby making the property a nonconforming lot by width and area standards. The applicant proposes a house that is 37 feet in width at its maximum but will remain over 5 feet from both side property lines. Also, the applicant proposes to place the house 15 feet from the front property line and 36.7 feet from the high water mark of Prior Lake. All of these setbacks have similarities that are within character of the neighborhood as can be identified on the adjacent surveyed lots. The current City Ordinance requires a maximum of 30% impervious surface per property; the proposed impervious surface indicated for the lot is 39.8% of the total lot area. Existing impervious surface for other properties within this neighborhood are also over 30% the total lot areas. While the Shoreland Ordinance does dictate a lot to be a minimum of 7,500 sq. ft. in size and 50 feet in width for development of the property into a single fami- ly dwelling, this property has been valued and assessed as a buildable lot for single family dwelling purposes for many years. The result of denying a single family dwelling use upon the property could result as a legal taking from the property. ISSUES: This project includes a request for six variances. 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) There are practical difficulties in complying with the strict terms of the Ordinance. "Practical difficulties," as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. It appears practical difficulties exist for the applicant in this case. This residential property has some unique characteristics including the narrow and small size of the property. The allowed buildable area of the proper- ty which could be utilized without approval of variances from the lake, front, and side yard setbacks, and impervious surface maximum is ap- proximately 875 square feet with an impervious surface area of 1,700 sq ft. It does not appear practical to construct a reasonable lake home with- in these limitations. (2) The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. Two purposes of the Zoning Ordinance are to "promote the most appro- priate and orderly development of the residential, business, industrial, pub- lic land and public areas" and "enhance the aesthetic character and ap- pearance of the City." The approval of the variances as requested would allow the applicant to construct a reasonable residential lake home plan on the site in an orderly fashion within the confines of the center of the property. (3) The granting of the Variance is necessary to permit the reasonable use of the property involved. The variances are necessary to use the property in a reasonable man- ner. The 1,988 sq, ft. proposed footprint for the structure is a reasona- ble -sized lake home given the size, shape, and lot constraints of the property. (4) The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The practical difficulty does exist due to circumstances unique to the property. This residential property has unique characteristics including a small and narrow nonconforming lot area in which to construct a lake home and a low elevation which would not allow a basement. (5) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variances will not alter the existing character of the neighborhood. As visible on the submitted survey, the proposed house is within line of the adjacent houses on either side and has similar setbacks and lot conditions. (6) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. (7) The granting of the Variance is necessary to alleviate an inadequate access to direct sunlight for solar energy systems. The granting of the variances will not be necessary to alleviate any hard- ships of the inability to use solar energy systems. Conclusion While the City Staff believes the variances requested are warranted due to the lot constraints unique to the property and practical difficulties as stated above in the findings, as of this date the applicant has not yet revised the survey plan and provided all additional information requested by the Planning Commission. ALTERNATIVES: 1. Approve the requested variances or any variance the Planning Commission deems appropriate in these circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the variances because the Planning Commission finds a lack of dem- onstrated practical difficulties under the zoning code criteria. RECOMMENDED City Staff recommends Alternatives #2. MOTIONS: EXHIBITS: 1. Location Map 2. Original Survey received 3-21-13 3. 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