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HomeMy WebLinkAbout4B - 6424 Conroy St Variance (2)MEETING DATE: JUNE 17, 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 AND MINIMUM SUM OF THE SIDE YARDS FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Bob Welsch, property owner of the subject property, is requesting variances in order to allow for the construction of building additions on a property located at 6424 Conroy Street NE. The property is located along the northern shores of Lower Prior Lake, south of Greenway Avenue, and west of Shady Beach Trail. The property currently contains a single family home. The following variances are requested: • A 6.1 foot variance from the required minimum 20 foot front yard set- back using the average front yard setbacks of the adjacent properfies (Section 1102.405 (5)). • A 4.0 foot variance from the minimum 15 foot sum of the side yards requirement (section 110 1. 502 (7)) 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 desires to add two separate additions onto the existing house. The lot is a nonconforming lot in both width (68 ft.) and size (6,800 sq. ft.) Front Yard Variance -- A front yard variance is requested to allow a garage addi- tion to the existing garage. The current minimum front yard setback is 18.2 feet while the proposed front yard setback requested is 13.9 feet. The addition a would allow the property owner to provide additional depth to the minimal 22.9 foot garage and allow an access door on the home to be located on the side of the garage facing east as opposed to the current orientation of the access door facing north towards Conroy Street. Even with the proposed addition, Conroy Street would still be located over 33+ feet from the front of the garage. This is due to a larger than normal right-of-way located between the road and the house. The engineering department reviewed this corridor for future roadway reconstruc- tion and has determined that while Conroy Street may be shifted further south along the corridor to meet the City Standard street width, this movement will be limited due to the location of other existing homes along the corridor and this variance request will not impact the potential for future shifting the street. Side Yard Variance —A side yard variance is requested to allow a porch entryway on the west side of the home. The total sum of the side yards required by Ordi- nance is 15 feet while the total proposed sum of the side yards would be 11.0 feet. The Zoning Ordinance does have a provision which allow an entrywaylves- tibule to encroach into a front yard setback but not on a side yard setback; how- ever, in this case, the applicant's main entrance to the home is located on the side of the house. Although the survey does indicate a setback of 4.8 feet, City Staff recommends that the covered entry be a minimum of 5.0 feet from the side lot line to allow for adequate drainage purposes and the minimum side yard al- lowed on a nonconforming lot is 5 ft. (15 feet total for both sides). 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. The current main entrance to the home is located on the side of the house without a covered entry. Without a variance, such a covered entry which is allowed to encroach within the front yard setback would not be allowed within the side yard setback. Also, a larger than typical right-of-way width exists for the Conroy Street corridor, therefore, despite the short front yard setback requested, the existing street is located over 33 feet from the front of the proposed garage addition. (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 entry and garage addition to en- hance the aesthetic character of the property in an orderly fashion. (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. The property is approximately 68 feet in width (a nonconform- ing lot width) and has a larger than typical right-of-way along the Conroy Street corridor. (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 identified in the survey on file, many nearby properties have similar short front and side yard 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 In conclusion, the applicant proposes to construct a covered entry and a garage addition to the existing house. Based on the findings stated above, City Staff believes the variances are warranted. The applicant has stated that no increase in existing impervious surface would be realized with the project, therefore City Staff has listed this as a condition of approval. 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. 2. No net increase in impervious surface for the property is permitted to allow construction of the two additions. This shall be verified on the survey prior to building permit approval. 3. The covered entry shall be a minimum 5.0 feet from the west side property line. 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. Property Photo 4. Survey dated 5-22-13 5. Proposed House Rendering 6. Applicant Narrative RESOLUTION 13-XXPC A RESOLUTION APPROVING A VARIANCE FROM THE FRONT YARD AND MINIMUM SUM OF THE SIDE YARDS 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, Bob Welsch is requesting variances from the Zoning Ordinance allow for the construction of building additions on a property in the R-1 (Low Density) Zoning District at the following location, to wit; 6424 Conroy Street NE, Prior Lake, MN 55372 Lot 49 and that part of Lot 48, "CONROY'S BAY Scott County, Minnesota, lying easterly of the following described line: Beginning at a point on the northerly line of said Lot 48, distant 25.00 northeasterly of the northwest corner of said Lot 48; thence southeasterly to a point on the southerly line of said Lot 48, distant 20.00 feet northeasterly of the southwest corner and there terminating. EXCEPTING therefrom that part of said Lot 49 lying easterly of the following described line: Beginning at a point on the northerly line of said Lot 49 distant 5-00 feet southwesterly of the northeast comer of said Lot 49; thence southerly to a point on the southerly line of said Lot 49 distant 2.00 feet southwesterly of the southeast corner of said Lot 49 and there terminating. Together with Lot 50 and that part of Lot 49. "CONROY'S BAY Scott County, Minnesota, lying easterly of the following described line: Beginning at a point on the northerly line of said Lot 49 distant 5.00 feet southwesterly of the northeast corner of said Lot 49; thence southerly to a point on the southerly line of said Lot 49 distant 2.00 feet southwesterly of the southeast corner of said Lot 49 and there terminating. PID 25-114-011-0 2. The Board of Adjustment has reviewed the application for the variances as contained in Case #DEV2013-1016 and held a hearing thereon on June 17, 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 variance on the Comprehensive Plan. 4. It appears practical difficulties exist for the applicant in this case. The current main entrance to the home is located on the side of the house without a covered entry. Without a variance, such a covered entry which is allowed to encroach within the front yard setback would not be allowed within the side yard setback. Also, a larger than typical right-of-way width exists for the Conroy Street corridor, therefore, despite the short front yard setback requested, the existing street is located over 33 feet from the front of the proposed garage addition. Phone 952.447.9800 / Fax 952.447.4245 / ww%v.6(yofprior1akc.com 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 entry and garage addition to enhance the aesthetic character of the property in an orderly fashion. 6. The practical difficulty does exist due to circumstances unique to the property. The property is approximately 68 feet in width (a nonconforming lot width) and has a larger than typical right-of-way along the Conroy Street corridor 7. The granting of the variances will not alter the existing character of the neighborhood. As identified in the survey on file, many nearby properties have similar short front and side yard setbacks. 8. The requested additions are to a single family residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. 9. The contents of Planning Case #DEV2013-1016 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 building additions on a property in the R-1 (Low Density) Zoning District: • A 6.1 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties (Section 1102.405 (5)). • A 4.0 foot variance from the minimum 15 foot sum of the side yards requirement (section 1101.502 (7)). 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. 2. No net increase in impervious surface for the property is permitted to allow construction of the two additions proposed. This shall be verified on the survey prior to building permit approval. 3. The covered entry shall be a minimum 5.0 feet from the west side property line. Adopted by the Board of Adjustment on June 17, 2013. Tom Rosak, Acting Commission Chair ATTEST: Dan Rogness, Community & Economic Development Director LOCATION MAP D. ® 0p 0 _ _o o Co ,° ® Q� r- w u' cn I �,$." vii` q � o, 4 � a 3 °. a � A. 4• . � � ,b b °0 A; O� O O b U R'I ^7 M I� �'1 h1 �1 hi �7 �1 ht P'1 fry �A �fi ?C a c 41 Gni 4i GZ� C} CZ7 C) 4i , 0 m tD .T O a. to � y IL��1 z oQ 0 0 0" a h a n 3`°a8G�b4 z z o'pss ,IF m 0 r°oANO D' Z z lbm t.. 4 S . emote \O typpto Qma =m: xxkxQ. j, 3, ?a S, Z5. S' `r yr3 �r �2 4� ti.ogo�o CDntD .«��� .l'' O 7 ,'A» �•Afl. a•.p .nr. 9iv \ os`. omk�°a X03 cc k t m 110 C) naoo n nb .o�m H' m m W W ::d M ` z Al`� S5 V7 b z f -- a May 9, 2013 Jeff Matzke Planner City of Prior lake 4646 Dakota St SE Prior lake, MN 55372 Re: Variance Request, 6424 Conroy St NE Dear Mr. Matzke: I am respectfully requesting a side and front setback variance. Side Variance: Per the attached 3 dimensional drawing (Exhibit 1),1 am requesting to build a front door landing and canopy. This structure would come within five (5) feet of the lot line. The structure would be five (5) feet by five (5) feet In size. The structure creates a more obvious front door focus and a covered area for our guests when entering our home that currently does not exist. Additionally, the homeowner on that side of the home, Leroy Farrell, supports the construction of the structure. Front Variance: Per the attached 3 dimensional drawing (Exhibit 1), l am requesting to build a five (5) foot extension to the garage towards the street. This extension allows me to turn the man door away from the street. This "turn" focuses the access to the home away from the garage and to the front door of the home (see above). It also creates a more appealing look to the front of the house. Note: Please disregard the Balcony shown on Exhibit 1. That structure Is not being considered. Thank you for your consideration, Robert Welsch 6424 Conroy St @iE Prior lake, MN 55372 (952) 484-1504 Enc.