HomeMy WebLinkAbout6A 17098 Adelmann St SE Variance extension OFRI() 4646 Dakota Street SE
Prior Lake. MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: AUGUST 3, 2015
AGENDA#: 6A
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PUBLIC HEARING: NO
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF AN EXTENSION OF A PREVI-
OUS VARIANCE APPROVAL FROM THE MINIMUM FRONT YARD SET-
BACK FOR A PROPERTY IN THE 1-1 (GENERAL INDUSTRIAL) ZONING
DISTRICT
DISCUSSION: Introduction
Dan Stanley and Larry Raasch, on behalf of Stanley & Raasch Properties are
requesting an extension to allow for the continuation of a variance approval from
the front yard setback to construct an industrial building on a site located at 17098
Adelmann Street, south of Cottonwood Lane and west of Greystone Court. The
following variance was approved on August 3, 2015:
• A 15 foot variance from the minimum 30 foot front yard setback re-
quired in the 1-1 District (Section 1102.1405)
Current Circumstances
In July the City of Prior Lake received a request for an extension of a variance
approval due to delays in closing on the property and the resulting changes to
their construction schedule.
According to City Ordinance Section 1108.416 110 "The owner of the property
subject to a Variance may, apply for an extension of the 1 year Variance pe-
riod. The application to extend the Variance request must be filed with the Zoning
Administrator a minimum of 30 days before the expiration date of the Variance,
but such request shall not be filed more than 60 days before the expiration
date. The Board of Adjustment may, by resolution, extend a Variance for a rea-
sonable period of time not to exceed 1 year."
Conclusion
The City of Prior Lake has not amended the front yard setback ordinance since
last April when the variances for these approved. Nor has the criteria for evalu-
ating variances changed since last year. City Staff believes that a similar recom-
mendation for approval of the variances would be given today; and, therefore,
City Staff recommends approval of the extension request.
ALTERNATIVES: 1. Motion and a second to approve a resolution extending the previous vari-
ance approval.
2. Motion and a second to table and/or continue discussion of the item for spe-
cific purpose.
3. Motion and a second to deny the variance extension.
RECOMMENDED Alternative #1.
MOTION:
ATTACHMENTS: 1. Resolution 15-XXPC
2. Location Map
3. Approved resolution 14-07PC
4. Site Plan dated July 1, 2014
U 4646 Dakota Street SE
Prior Lake. MN 55372
' versa
RESOLUTION 15-XXPC
A RESOLUTION APPROVING AN EXTENSION OF A VARIANCE APPROVAL FROM THE MINIMUM FRONT YARD
SETBACK FOR A PROPERTY IN THE 1-1 (GENERAL INDUSTRIAL)ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Dan Stanley and Larry Raasch, on behalf of Stanley&Raasch Properties are requesting an extension of variance
approvals to construct an industrial building on a property zoned 1-1 (General Industrial)at the following location, to wit;
17098 Adelmann Street SE, Prior Lake, MN 55372
Lot 1, Block 1, Deerfield Industrial Park 5th Addition, Scott County, Minnesota.
(PID 25-444-001-0.
2. The Board of Adjustment approved variances on August 4, 2014 as documented in Resolution 14-07PC and recorded as
Doc#T230847.
3. According to Section 1108.416 the Board of Adjustment may consider an extension of a variance approval further than the
1 year period.
CONCLUSION
Based upon the Findings set forth above,the Board of Adjustment hereby approves a one year extension (until August 4,
2016)of the following variances to construct an industrial building on a property zoned 1-1 (General Industrial)):
• A 15 foot variance from the required minimum 30 foot front yard setback(Section 1102.1405).
Adopted by the Board of Adjustment on August 3, 2015.
VOTE Hite Blahnik Fleming Larson Peterson
Aye ❑ ❑ ❑ ❑ ❑ Perri Hite, Commission Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑ ATTEST:
Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness,Community&Economic Development Director
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
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Receipt,#515693 T230847
VAR 54600 Certo 42950
Retum to:
PRIOR LLJ STANLEY
AKKE MN 55372 NE
Certfied Fled and/or recorded on:
912912014 933 AM
Office of the Registrar of Titles
Scott County Minnesota
James L.Hentges,Registrar ct Titles
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planner for the City of Prior Lake,hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 14-07PC
A RESOLUTION APPROVING A VARIANCE ON A SETBACK TO REDUCE FRONT YARD
SETBACK FROM 30 FEET TO 15 FEET FOR A PROPERTY IN THE 1-1 (GENERAL
INDUSTRIAL) ZONING DISTRICT
A4�4
JeftW&ke
City of Prior Lake
Dated this 41h day of August, 2014.
17098 Adelmann Street SE, Prior Lake, MN 55372
PID 25-444-001-0
Please return document to:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake,MN 55372
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4646 Dakota Street SE
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RESOLUTION 14-07PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY
IN THE 1.1 (GENERAL INDUSTRIAL)ZONING DISTRICT
Motion By: Blahnik Second By: Larson
WHEREAS, The Prior Lake Planning Commission,acting as the Board of Adjustment conducted a public hearing on
August 4, 2014, to consider a request from Dan Stanley and Lary Raasch on behalf of N & M
Investments,LLC to approve a variance from the minimum front yard setback to allow construction of an
office/warehouse structure on a property in the 1-1 (General Industrial) Zoning District at the following
property:
17098 Adelmann Street SE, Prior Lake, MN 55372
Lot 1, Block 1,Deerfield Industrial Park 5th Addition, Scott County, Minnesota.
(PID 25-444-001-0)
WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the
applicable Prior Lake Ordinances;and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request,and persons
interested were afforded the opportunity to present their views and objections related to the variance
request;and
WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case#DEV-
2014-0015 and held a hearing thereon on August 4, 2014.
WHEREAS, The Planning Commission 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
tire,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
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. 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 triangular shape of the site create a practical difficulty for the property owner. The radius turns to
maneuver of industrial equipment and utilizing dock or unloading areas in the limited buildable area of
the triangular lot is problematic without shifting the building site forward on the lot to within 15 feet of the
front property line,while maintaining the 60 feet rear yard setback distance.
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b. 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.
The purpose of the Zoning Ordinance is to"prevent overcrowding of land and undue concentration of
structures and population by regulating the use of land and buildings and the bulk of buildings in
relation to the land surrounding them." This purpose is implemented through required minimum
setbacks. The proposed variance will allow the addition to utilize the triangular-shaped property while
maintaining the required rear setback of 60 feet from residential property.
c. 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.
Granting the variance will not merely serve as a convenience to the applicant,but rather is necessary to
alleviate an undue hardship due to the triangular shape of the lot of record.
d. 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 variance will not alter the existing character of the neighborhood. The 60 foot rear
setback form residential property will be in compliance. The 15 foot front setback will still allow
landscaping in the front yard. The building being closer to Adelmann will not"crowd'the street corridor,
nor create any sight issues. Adelmann has a wide 80 foot right-of-way;a sidewalk is located on the south
side with planted boulevard trees. The building itself is only subject to the reduced setback,which is 100
feet wide,or 30%of the full lot width of 330 feet. Therefore,70%of the lot width along Adelmann does
not have any visual impact.
e. 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 construction is for an office/warehouse and storage use which is an allowed use within
the 1-1 (General Industrial)Zoning District.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance
to allow a construction of an office warehouse building in the 1-1 (General Industrial)Zoning District:
a. A 15 foot variance from the required minimum 30 foot front yard setback(Section 1102.9405)
4. The variance is subject to the following conditions of approval:
a. The applicant shall record the variance at the Scott County Recorder's Office no later than sixty(60)days
after approval. 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.
b. The variance is subject to the issuance of required permits from all applicable governmental agencies.
PASSED AND ADOPTED THiS 4d,DAY OF AUGUST,2014.
VOTE Phelan Blahnik Hite Larson Spieler
Aye tai 0 ❑ ® ❑
Nay ❑ ❑ ® ❑
Absent ❑ ❑ ❑ O ❑
Abstain O ❑ ❑ ❑ D
Dan Rogness,Com nity&Econ is Development Director
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