HomeMy WebLinkAbout4B - 14574 Oakland Beach VarianceMEETING DATE: SEPTEMBER 3, 2013
AGENDA #: 4B
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE
MINIMUM FRONT YARD FOR A PROPERTY IN THE R-1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
David Pahl, the property owner, is requesting a variance from the minimum front
yard setback on a property located at 14574 Oakland Beach Avenue. The prop-
erty is located on the eastern shores of Lower Prior Lake, southwest of Rustic
Road, west of Glendale Avenue. The site is currently vacant. The following var-
iances are requested:
• A 20 foot variance from the required minimum 20 foot front yard set-
back using the average front yard setbacks of the adjacent properties
(Section 1102.405 (5))
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 applicant proposes to construct a new home and attached garage onsite with
a 2,356 sq. ft. footprint. The property is 76 feet in width and 27,938 square feet
in total area above the high water mark of Prior take (904.0 elevation). The ap-
plicant proposes a house that is 56 feet in width at its maximum and will meet the
10 side yards requirement as well as the minimum 75 foot lake setback and max-
imum 30% impervious surface requirements.
Front Yard Variance — The property owner requests a variance from the average
front yard requirement of 20 feet. While the proposed front yard setback is indi-
cated at 0 feet to the front property line, the actual private street (Oakland Beach
Avenue) is over 40+ feet from the front of the proposed house. This is because
the existing street is located east of the platted roadway area. Other structures
(garages and homes) nearby this property exist in the platted roadway area and
would need to be eliminated prior to any realignment of the roadway. Also the
road is a private street and therefore the responsibility of relocating the roadway
would likely require collective approval from the area residents.
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.
It appears practical difficulties exist for the applicant in this case. This
residential property has some unique characteristics including the narrow
property as well as the location of the private roadway (Oakland Beach
Avenue) outside of the platted roadway area. Granting of the front yard
setback variance would allow the house to still be located over 40+ feet
from the current roadway as it is traversed.
(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 appropri-
ate and orderly development of the residential, business, industrial, public
land and public areas" and "enhance the aesthetic character and appear-
ance 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 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
narrow lot area in which to construct a lake home as well as the location
of the private roadway (Oakland Beach Avenue) outside of the platted
roadway area.
(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. 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.
(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.
A single family residential dwelling is an allowed use within the R-1 (Low
Density Residential) Zoning District.
Conclusion
City Staff believes the variances requested are warranted due to the lot con-
straints unique to the property and practical difficulties as stated above in the
findings. Therefore, City Staff recommends approval of the requested variance
subject to the following conditions of approval:
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 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
demonstrated practical difficulties under the zoning code criteria.
RECOMMENDED City Staff recommends Alternatives #1.
MOTIONS:
EXHIBITS: 1. Resolution 13-XXPC
2. Location Map
3. Survey dated 7-23-13
A RESOLUTION APPROVING A VARIANCE FROM THE FRONT YARD 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 Lake, Minnesota,
FINDINGS
1. David Pahl is requesting a variance from the Zoning Ordinance allow for the construction of a single
family residential dwelling on a property in the R-1 (Low Density) Zoning District at the following
location, to wit;
14574 Oakland Beach Ave NE, Prior Lake, MN 55372
Lot 6 and Lot 7, Oakland Beach, SCOTT COUNTY, MINNESOTA
PID 25-115-004-0
2. The Board of Adjustment has reviewed the application for the variance as contained in Case
#DEV2013-1026 and held a hearing thereon on September 3, 2013.
3. The Board of Adjustment has considered the effect of the proposed variances 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 variances on the Comprehensive Plan.
4. It appears practical difficulties exist for the applicant in this case. This residential property has some
unique characteristics including the narrow property as well as the location of the private roadway
(Oakland Beach Avenue) outside of the platted roadway area. Granting of the front yard setback
variance would allow the house to still be located over 40+ feet from the current roadway as it is
traversed.
5. Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly development
of the residential, business, industrial, public land and public areas" and "enhance the aesthetic character
and appearance 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.
6. The practical difficulty does exist due to circumstances unique to the property. This residential
property has unique characteristics including a narrow lot area in which to construct a lake home as
well as the location of the private roadway (Oakland Beach Avenue) outside of the platted roadway
area.
Phone 952.4479840 / Fax 952.447.4245 / NNNvNv.cityofpriorlake.coin
7. 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.
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 #DEV2013-1026 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 construction of a single family residential dwelling on a property in the R-1 (Low
Density) Zoning District:
+ A 20 foot variance from the required minimum 20 foot front yard setback using the average
front yard setbacks of the adjacent properties (Section 9102.405 (5))
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 Planning
Department prior to the issuance of a building permit.
Adopted by the Board of Adjustment on September 3, 2013.
Jeff Phalen, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
14574 Oakland Beach
Variance
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