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Home My WebLink About4A 16058 Eagle Creek Ave Agenda Packet Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Lucas Braizer, the property owner, is requesting a variance from the minimum front yard setback on a property located at 16058 Eagle Creek Avenue. The property is located along the shores of Upper Prior Lake, north of Lakeside Av- enue. The property currently contains a single family home and a small one car garage. The following variances are requested: • A 15 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent prop- erties (Section 1102.405 (5)) Regulation Requirement Proposed Variance Front Setback (averaging 2 lots within 150’) 20’ 5’ 15’ History The property is zoned R-1 (Low Density Residential), and is guided R-LD (Ur- ban Low Density) on the 2030 Comprehensive Plan Land Use Map. The prop- erty currently contains a single family home which was originally constructed in 1920. Current Circumstances The applicant proposes to construct a detached 2-car garage onsite with an 840 square foot footprint. The property is 43 feet wide and 10,557 square feet in total area thereby mak- ing the property a nonconforming lot by width and area standards. The appli- cant proposes to remove the small, 202 square foot one-car garage and place a 2-car garage with an increased setback from the road (45 feet proposed compared with 32 feet existing). The proposal would align with the garage to the south and be a greater distance than that of detached garages to the north. The County Highway Department reviewed the variance request. While the final analysis of the future roadway corridor has not yet been contemplated, the County did not foresee it to have any impacts regarding the future realignment or widening of Highway 21 and the adjacent frontage road of Eagle Creek Ave- 2 nue. ISSUES: This project includes a request for a variance. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the pro- visions of the Zoning Ordinance, provided that: • 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 nar- row size of the property and a setback of approximately 46 feet to the edge of the Eagle Creek Avenue frontage road. In addition a retaining wall system and significant trees exist immediately behind the proposed garage area. These lot features would be required for removal if the garage was located further from the front property line. • 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 garage on the site in an orderly fashion within the confines of the center of the property. • 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 garage is within line of garages on nearby properties and has similar setbacks and lot conditions. • 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 detached garage is an accessory is an allowed use within the R-1 (Low Density Residential) Zoning District. Conclusion 3 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 vari- ances subject to the following conditions of approval: • The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a build- ing permit ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance for 16058 Eagle Creek Avenue SE, or any variance the Planning Commission deems appropriate in these circumstances. 2. Motion and a second to table or continue discussion of the item for specific purpose. 3. Motion and a second to deny the variances because the Planning Commis- sion finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Resolution 15-XXPC 2. Location Map 3. Survey dated 8/6/15 (redlined) 4. Picture of existing retaining walls and trees on property 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC APPROVAL OF A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on September 8, 2015, to consider a request from Lucas Braizer to approve a variance from the minimum front yard setback to allow construction of a detached garage on a property in the R-1 (Low Density Residential) Zoning District at the following property: 16058 Eagle Creek Avenue SE Lot 50, Lakeside Park, Scott County Minnesota. (PID 25-096-033-0) 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- 2015-001015 and held a hearing thereon on September 8, 2015; and 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 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 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. It appears practical difficulties exist for the applicant in this case. This residential property has some unique characteristics including the narrow size of the property and a setback of approximately 46 feet to the edge of the Eagle Creek Avenue frontage road. In addition a retaining wall system and significant trees exist immediately behind the proposed garage area. These lot features would be required for removal if the garage was located further from the front property line. 2 b. The granting of the Variances are 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 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 garage on the site in an orderly fashion within the confines of the center of the property. c. The granting of the variances 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 garage is within line of garages on nearby properties and has similar setbacks and lot conditions. d. The granting of the Variances 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 detached garage is an accessory is an allowed use within the R-1 (Low Density Residential) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow a construction of a detached garage in the R-1 (Low Density Residential) Zoning District: a. A 15 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)) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 8th DAY OF SEPTEMBER, 2015. _______________________________ Perri Hite, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Petersen Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐