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HomeMy WebLinkAbout4 - 14400 Rutgers Street Variance 4646 Dakota Street SE Prior Lake MN 55372 , PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 7, 2013 AGENDA #: 5A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, AND MINIMUM VEHICU- LAR ACCESS ELEVATION FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Eskuche Design, on behalf of the owner, is requesting variances from the mini- mum lake setback and minimum elevation for vehicular access related to a prop- erty located at 14400 Rutgers Street NE. The property is located along the north- eastern shores of Lower Prior Lake, west of Trunk Highway 13, east of Watersedge Trail. A single family home currently occupies the site. The follow- ing variances are requested: A 26.0 foot lakeshore variance from the required minimum 50 foot rear yard setback using the average lakeshore setbacks of the adja- cent properties (Section 1102.405 (5)) A 4.9 foot variance from the required minimum elevation for vehicular access within the floodplain (Section 1105.402 (4)) 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 2-story home and attached 3-car gar- age onsite with a 5,210 sq. ft. footprint. The lot is low in elevation in comparison to the waters of Prior Lake; therefore it is not possible to add a basement 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 current Floodplain Ordinance. Small retaining walls will be constructed along the side property line and at other points throughout the property to allow grade to be elevated above the floodplain elevation of Prior Lake. The 23,193 square foot property is unique in that it is bordered on the west, south, and east by the shores of Lower Prior Lake. The applicant proposes a house that is centered on the property with lake setbacks of a minimum of 30 feet to the proposed interior spaces of the homes. The proposed open air terrace is identified at a distance of 24 feet from the 904 (high water) elevation of Prior Lake (see site plan). In comparison, the existing house and deck have a lake setback of 14 feet (to the east) and 28 (to the west) respectively. The existing impervious surface for the property is 39.1% of the total lot area. The applicant originally proposed a variance from the impervious surface maxi- mum requirement (requirement is 30% of the total lot area), and the variance public hearing was noticed as such; however, after discussions with City Staff, the applicant has revised the proposed site plan and survey to reduce the imper- vious surface to below 30%. Therefore, a variance from the impervious surface is no longer requested. In addition, in response to comments from City Staff (see attached City Staff memorandum), the applicant has altered the positioning of the proposed house and driveway on the property (attached site plan). The site plan indicates both the required 50 foot and 30 foot setback distances from the lake as well as orig- inally proposed footprint of the house/driveway (green dashed line and setbacks) and the revised house/driveway footprint (red areas and setbacks). The appli- cant utilized the original survey record to create the revised site plan. As a con- dition of any variance approval, City Staff recommends that the revised house plan be transferred to the survey record, as will be required prior to any building permit issuance. Lastly, the variance requested from minimum elevation for vehicular access is necessary in this case. The property and this section of Rutgers Street lie within the floodplain of Lower Prior Lake and have for many years; therefore, it is not possible to raise the elevation at the access point to the property to meet the current ordinance requirement. ISSUES: This project includes a request for two variances as follows: 1. A 26.0 foot lakeshore variance from the required minimum 50 foot rear yard setback using the average lakeshore setbacks of the adjacent prop- erties (Section 1102.405 (5)) 2. A 4.9 foot variance from the required minimum elevation for vehicular access within the floodplain (Section 1105.402 (4)) 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: 3. 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 a narrow buildable area that lies over 50 feet from the lake. The allowed buildable area of the property which could be utilized without approval of vari- ances from the lake, front, and side yard setbacks, is approximately 2,960 square feet with a buildable depth varying between 10-25 feet. The low elevation of the property in relation to the floodplain of Prior Lake prevents the construction of a basement level for additional interior 2 square footage. It is not practical to construct a reasonable lake home within these limitations. 4. 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. 5. 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. With lakeshore setbacks on three sides of the property, and pres- ence within the floodplain of Prior Lake the applicant has limited builda- ble area to construct a reasonable-sized lake home given the size, shape, and lot constraints of the property. 6. 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 buildable area in which to construct a lake home and a low ele- vation which would not allow a basement level. 7. 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 and site plan, the proposed house has similar lake setbacks and low elevation lot conditions. 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. The applicant has revised the site plan in response to main com- ments from City Staff in the attached memorandum, therefore City Staff recom- mends approval of the variances subject to the following conditions of ap- proval: 1. The revised site plan shall be transferred to the survey record prior to any building permit issuance. 3 2. 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 City of Prior Lake prior to the issuance of a building permit. ALTERNATIVES: 1. Approve the requested variances, or any variance the Planning Commis- sion 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. Location Map 2. Resolution 13-XXPC 3. Property Survey 4. Revised Site Plan 5. City Staff Memorandum dated 9-24-13 4 4646 Dakota Street SE Prio Lake MN 55372 r, RESOLUTION 13-XXPC APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, AND MINIMUM VEHICULAR ACCESS ELEVATION 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. Eskuche Design is requesting variances from the minimum lake setback and minimum vehicular access elevation at the following location, to wit; 14400 Rutgers Street NE, Prior Lake, MN 55372 That part of Government Lot 3, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Commencing at the Northwest corner of said Government Lot 3 (also being the northeast corner of Government Lot 2 of said Section 30); thence on an assumed bearing of West along the North line of said Government Lot 2 a distance of 255.92 feet; thence South 8’38’36” East a distance of 1613.87 feet to the point of beginning of the parcel to be described; thence South 78’36’24” West a distance of 183 feet more or less to the shore line of Prior Lake; thence Southerly, Southeasterly, Northeasterly and Northerly along the shore line of Prior Lake to an intersection with a line which bears South 53’38’36” East from said point of beginning; thence North 53’38’36” West to a point of beginning. PID: 25-930-072-0 2. The Board of Adjustment has reviewed the application for variances as contained in Case #DEV- 2013-1028 and held a hearing thereon on October 7, 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. It appears practical difficulties exist for the applicant in this case. This residential property has some unique characteristics including a narrow buildable area that lies over 50 feet from the lake. The allowed buildable area of the property which could be utilized without approval of variances from the lake, front, and side yard setbacks, is approximately 2,960 square feet with a buildable depth varying between 10-25 feet. The low elevation of the property in relation to the floodplain of Prior Lake prevents the construction of a basement level for additional interior square footage. It is not practical to construct a reasonable lake home within these limitations. 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 Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 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 variances are necessary to use the property in a reasonable manner. With lakeshore setbacks on three sides of the property, and presence within the floodplain of Prior Lake the applicant has limited buildable area to construct a reasonable-sized lake home given the size, shape, and lot constraints of the property. 7. The practical difficulty does exist due to circumstances unique to the property. This residential property has unique characteristics including a narrow buildable area in which to construct a lake home and a low elevation which would not allow a basement level. 8. The granting of the variances will not alter the existing character of the neighborhood. As visible on the submitted survey and site plan, the proposed house has similar lake setbacks and low elevation lot conditions. 9. The contents of Planning Case #DEV2013-1028 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 for the construction of a single family home: A 26.0 foot lakeshore variance from the required minimum 50 foot rear yard setback using the average lakeshore setbacks of the adjacent properties (Section 1102.405 (5)) A 4.9 foot variance from the required minimum elevation for vehicular access within the floodplain (Section 1105.402 (4)) The variance is subject to the following conditions: 1. The revised site plan shall be transferred to the survey record prior to any building permit issuance. 2. 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 City of Prior Lake prior to the issuance of a building permit. Adopted by the Board of Adjustment on October 7, 2013. ________________________________ Jeff Phelan, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director Memo 'DWH September 24, 2013 7R Adam Burrington, Esckuche Design )URPJeff Matzke, Planner 6XEMHFW 14400 Rutgers Street – Variance Request The Prior Lake City Staff has reviewed the plans for the subject project and we have the following comments: 1.Variances requested: a.Lake Setback – A 35 ft. lake setback variance (results in 15 ft. setback) from the required 50 ft. lake setback using the avg. distance of structures on adjacent properties. b.Impervious surface – A 2.0% increase from the maximum 30% allowed 2.City Staff believes a reasonable single family home could be constructed within a smaller footprint particularly in the area at the southeast corner of the lot. City Staff recommends redesigning the structure so that a minimum distance of 30-35 feet from the 904 is maintained to the structure in the southeast corner of the lot. 3.Floodplain - Indicate elevations of no less than 908.9 at a distance of 15 feet surrounding structure foundation. Short retaining walls (4 ft in height or less) could help achieve this elevation requirement. (Any retaining wall over 4 feet in height must meet structure setbacks therefore retaining wall tiers are desired in yards.) 4.Floodplain – Lowest floor of structure must be minimum elevation of 909.9. Garage slab is indicated lower than this elevation. Revise accordingly. 5.Structure setback from north property line should be 10 feet. Proposed survey indicates 9.2 feet. 6.Indicate existing sanitary sewer and water service locations on survey. 7.Maximum driveway slope permitted is 10% grade. Reducing the depth of garage and increasing driveway length could allow for less driveway slope. 8.Tree preservation calculations are as follows: Total inches of significant trees = 246” Total inches allowed for removal (35%) = 86” Total inches removed = 177” 45.5” of tree replacement ($4550 deposit) Replacement required (177-86/2) = 9.An elevation certificate must be provided by a Minnesota registered surveyor indicating proposed lowest floor elevation is a minimum 909.9 prior to foundation inspection Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com approval. A FEMA report will be required prior to temporary certificate of occupancy issuance 10.For all work located near 904 elevation a DNR permit will likely be required. Consult DNR Area Hydrologist, Jennie Skancke, at 651-259-5790 or jennie.skancke@state.mn.us for review of features (rip rap, stairways, beach area) near and below 904 elevation.