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Home My WebLink About4C - 4653 Lord St VarianceMEETING DATE: AUGUST 5, 2013 AGENDA #: 4C PREPARED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDEW TIAL) ZONING DISTRICT DISCUSSION: Introduction Tom Klima is requesting a variance from the lake setback to construct a single family residential dwelling on a property located at 4653 Lords Street NE on the western shores of Lower Prior Lake, east of -County Highway 21 and Edgewater Circle. The following variances are requested: A 29.7 foot variance from the required minimum 51.1 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308) Current Circumstances The property is zoned R-1 (Low Density Residential), and is guided R -LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property currently contains a single family home. The applicant is proposing a major house remodel project to alter the current one-story walk -out home into a I Y2 -story cottage style house. The existing house was constructed in 1963. The applicant has proposed to maintain the existing footprint of the house and rear deck as part of the remodel project. The applicant also proposes to add a three car garage to the front of the existing foundation. This garage area will meet the 25 front yard and 10 foot side yard setback. The impervious surface of the lot is currently 4,028 square feet (25% of the total lot area). With the proposed garage addition and relocated driveway the pro- posed impervious surface would be 4,800 square feet (30% of the total lot area). The buildable area of the property which would not require a variance from a yard setback (an area which is 51 ft. from the lake, 10 feet from the side lot line, and 25 feet from the front property line) is approximately 2500 square feet, however, it is irregularly shaped. ISSUES: This project includes a request for two 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. The irregular shape of the narrow property creates a practical difficulty for the property owner to construct a house on this property in a reasonable manner. The applicant proposes a remodel which confines the majority of structural construction to the existing building footprint and will not in- crease the existing nonconforming setback to the lake. With only an ap- proximate 2,500 square foot irregularly shaped buildable area, a home could not be constructed on site without the need for setback variances from the Zoning Ordinance. (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 Flan. The granting of the variance is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordi- nance to "Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas" and to "En- hance the aesthetic character of the City." The granting of the variance will allow for the construction of a modern lake home. (3) 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 hardship is due to circumstances unique to the property areas which were created by the narrow, irregular shape of the property. (4) 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. Due to the narrow depth of many of the Lords Street properties, many nearby homes have non -conforming lake setbacks. (5) 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. The requested additions are to a single family residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. Conclusion The strict application of the 50 foot minimum (averaging) lake setback appears to create a hardship for the property owner to place a reasonable house on the property. The applicant proposes a reconstruction of a new home which confines the majority of structural construction to the existing building footprint and wili not increase the existing nonconforming setback to the lake. The existing lot of rec- ord is narrow and irregular-shaped creating only an approximate 2,500 square foot buildable area without the need for setback variances from the Zoning Ordi- nance. In addition, many of the lots along Lords Street are irregularly shaped with existing nonconforming lake setbacks; therefore the proposed structure will conform to the general character of the neighborhood. Based upon these findings in this report, staff recommends approval of the re- quested variances with the following conditions: 1. The variance 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 & Economic Development Department prior to the issuance of a building permit. ALTERNATIVES: 1. Approve the requested variance 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 demonstrated practical difficulties under the zoning code criteria. RECOMMENDED City Staff recommends Alternative #1. MOTIONS: EXHIBITS: 1. Resolution 13-XXPC 2. Location Map 3. Survey stamp dated 7-15-13 RESOLUTION 13-XXPC A RESOLUTION APPROVING A VARIANCE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior take, Minnesota; FINDINGS 1. Tom Klima is requesting variances to allow to construct a single family residential dwelling on a property zoned R-1 (Low Density Residential) at the following location, to wit; 4653 Lords Street NE, Prior Lake, MN 55372 25-935-009-0: Legal Description: That part of Government Lot 8, Section 35, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the west quarter cornea of said Section 35; thence N 1° 46' 40" E on an assumed bearing along the west line of the Northwest Quarter of said Section 35 a distance of 1398.39 feet; thence N 77° 53' 59" E a distance of 3286.36 feet; thence easterly and southeasterly along a tangential curve concave to the south having a radius of 161.60 feet, a central angle of 29° 59' 56" and an arc length of 84.61 feet; thence tangent to said carve S 72° 05' 58" E a distance of 55.06 feet to the actual point of beginning; thence S 72° 05' 58" E a distance of 76.64 feet; thence southeasterly and easterly along a non-tangential curve concave to the north having a radius of 50.00 feet, a central angle of 119° 45' 37", a chord of 86.50 feet, a chord that bears S 72° 06' 00" E and an arc length of 104.51 feet; thence S 09° 18' 01" E a distance of 100.00 feet plus or minus to the shoreline of Prior Lake; thence westerly along the shoreline to a point that bears S 6° 28' 17" E fi-oni the point of beg imifilg; thence to the point of beginning. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case ##DEV - 2013 -1024 and held a hearing thereon on August 5, 2013. 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 irregular shape of the narrow property creates a practical difficulty for the property owner to construct a house on this property in a reasonable manner. The applicant proposes a remodel which confines the majority of structural construction to the existing building footprint and will not increase the existing nonconforming setback to the lake. With only an approximate 2,500 square foot irregularly shaped buildable area, a home could not be constructed on site without the need for setback variances from the Zoning Ordinance, 5. The granting of the variance is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to "Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas" and to Phone 952.4479800 / Fax 952.447.4245 /mv%v.cityofpriorlake.com "Enhance the aesthetic character of the City." The granting of the variance will allow for the construction of a modern lake home. 6. The hardship is due to circumstances unique to the property areas which were created by the narrow, irregular shape of the property. 7. The granting of the variances will not alter the existing character of the neighborhood. Due to the narrow depth of many of the Lords Street properties, many nearby homes have non -conforming lake setbacks. 8. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. 9. The contents of Planning Case #DEV -2013-9024 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 variances to allow to construct a single family residential dwelling on a property zoned R-1 (Low Density Residential): A 29.7 foot variance from the required minimum 51.1 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.305) The variance is subject to the following conditions: This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, Community & Economic Development Department prior to the issuance of a building permit. Adopted by the Board of Adjustment on August 5, 2013. Tom Roszak, Commission Vice Chair ATTEST: Dan Rogness, Community & Economic Development Director Lords Street Lakeshore Setback Variance n Ln << V IX" o' e� ali r� _ 3F 1 ZL a9uetl•SIS Clusumol's£uo�voSle,aven0 izvnyvoN >V3 )o all ssam ti C x =3va p.€ Huna W� r frPa g� 'gS �o 'a E' a$ a << V IX" o' e� ali r� _ 3F 1 ZL a9uetl•SIS Clusumol's£uo�voSle,aven0 izvnyvoN >V3 )o all ssam ti C x =3va p.€ Huna Q S r frPa g� 'gS y 'a E' a �9 �8 & Ex •U g � � 0H =i ffi�g��vg�� AZ £ _gV3f Ego << V IX" o' e� ali r� _ 3F 1 ZL a9uetl•SIS Clusumol's£uo�voSle,aven0 izvnyvoN >V3 )o all ssam