The URL can be used to link to this page

Home My WebLink About4B 5352 Candy Cove Trail Agenda Packet Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 AGENDA #: 4B 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 SIDE YARD SETB ACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Dana Krakowski, the property owner, is requesting variances from the mini- mum side yard setback on a property located at 5352 Candy Cove Trail. The property is located along the southern shores of Lower Prior Lake, south of north of Manor Road. The property currently contains a single family home (cabin). The following variances are requested: • A 1.2 foot variance from the minimum 5 foot side yard requirement (Section 1101.502 (7)) Regulation Requirement Proposed Variance Minimum Side Yard (a nonconforming lot) 5’ 3.8’ 1.2’ 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 (cabin) which was constructed in 1923. Current Circumstances The applicant proposes to construct a new detached 2-car garage onsite with a 840 sq. ft. footprint. The property is 43 feet wide and 8,683 square feet in total area thereby making the property a nonconforming lot by width and area standards. The applicant proposes a new garage on the property; no garage currently exists. The cur- rent variance request relates to the existing setback of the cabin. Since the proposed construction of the garage is greater than 50% of the current value of the property, the entire lot features must be brought into compliance with the current ordinance. While the proposed garage does meet current ordinance standards, the only nonconforming ordinance standard on the property is the existing 3.8 foot side yard setback for the existing cabin. This variance request is therefore sought for this nonconforming setback. In addition, the applicant proposes to reduce the overall impervious surface 2 from 32.1% existing to 28.1% proposed with the project. ISSUES: This project includes a request for 1 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 small size of the property and the existing nonconforming side yard setback which will remain unchanged. • 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 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 small nonconforming lot area of 8,683 square feet and width of 43 feet in which to construct a home and garage. • 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. The existing 3.8 foot side yard setback for the cabin and the structural footprint of the cabin will remain unchanged. The proposed detached garage will meet current ordinance structural setback. • 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. 3 A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. Conclusion City Staff believes the variance requested is 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 5352 Candy Cove Trail, 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. Existing Survey dated 7-22-15 4. Proposed Survey dated 8-19-15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-xx A VARIANCE FROM THE MINIMUM SIDE YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL SHORELAND) 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 Dana Krakowski, the property owner, to approve a side yard setback variance to allow construction of a detached garage in the R-1 (Low Density Residential Shoreland) Zoning District at the following property: 5352 Candy Cove Trail, Prior Lake, MN 55372 Lot 3, CANDY COVE PARK, Scott County, Minnesota. Torrens Property (PID 25-027-003-0) 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- 2015-001017 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 small size of the property and the existing nonconforming side yard setback which will remain unchanged. 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 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 small nonconforming lot area of 8,683 square feet and width of 43 feet in which to construct a home and garage. d. 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. The existing 3.8 foot side yard setback for the cabin and the structural footprint of the cabin will remain unchanged. The proposed detached garage will meet current ordinance structural setback. e. 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 single family residential dwelling 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 variance to allow a construction of a detached garage in the R-1 (Low Density Residential) Zoning District: a. A 1.2 foot variance from the minimum 5 foot side yard requirement (Section 1101.502 (7)) 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 ☐ ☐ ☐ ☐ ☐