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Home My WebLink About4D 6364 Conroy Street NE Agenda Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 AGENDA #: 4D 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, MINIMUM FRONT YARD, MINIMUM SIDE YARD SETB ACK, AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Quigley Architects, on behalf of the owner, is requesting variances from the minimum lake setback, minimum front yard setback, and maximum impervious surface on a property located at 6464 Conroy Street. 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 13.2 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)) • A 18.4% variance from the 30% maximum impervious surface re- quirement for a residential property in the Shoreland District (Sec- tion 1104.306) • A 20 foot variance from the required minimum 50 foot structure set- back from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308). • A 2.7 foot variance from the minimum 5 foot side yard requirement (Section 1101.502 (7)) Regulation Requirement Proposed Variance Front Setback (averaging 2 lots within 150’) 20’ 6.8’ 13.2 Lake Setback (averaging 2 closest lakeshore lots) 50’ 30’ 20’ Minimum Side Yard (a nonconforming lot) 5’ 2.3’ 2.7’ Maximum Impervious Surface 30% max. 48.4% 18.4% 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 constructed in 1960. 2 Current Circumstances The applicant proposes to construct a new 2-story home and attached 2-car garage onsite with a 3,355 sq. ft. footprint. The property is 7,890 square feet in total area thereby making the property a nonconforming lot by area standards. The applicant proposes a new house that is similar in size to the existing house with increased setbacks from the lake (30 feet proposed compared with 18 feet existing) and front yard (6.8 feet compared with 3.5 feet). All of the size of the house has similarities that are within character of the neighborhood as can be identified on the adjacent sur- veyed lots. The current City Ordinance requires a maximum of 30% impervi- ous surface per property; the proposed impervious surface indicated for the lot is 48.4% of the total lot area that is within Lot 39, Conroy’s Bay. When includ- ing the “Waterfront” area to the 904 elevation the possible lot area is over 14,000 sq. ft. and proposed impervious surface would be 25.7%. Existing im- pervious surface for other properties within this neighborhood are also over 30% the total lot areas. ISSUES: This project includes a request for 4 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: • 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. • 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. • 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 3 small nonconforming lot area in which to construct a lake home. • 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 house is within line of the adjacent houses to the north 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 single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. 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. 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 4 variances for 6364 Conroy Street, or any variance the Planning Commis- sion 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 8/12/15 4. Conceptual Building Plans dated 8/7/15 5. Applicant narrative dated 8/7/15 6. Adjacent Neighbor letter dated 8/8/15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-xxPC APPROVAL OF VARIANCES FROM THE MINIMUM LAKE SETBACK, MINIMUM FRONT YARD SETBACK, MINIMUM SIDE YARD SETBACK, AND MAXIMUM IMPERVIOUS SURFACE 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 Quigley Architects, on behalf of the property owner, Anne Dietrich, to approve variances from the minimum lake setback, minimum front yard setback, minimum side yard setback, and maximum impervious surface to construct a new home on a property in the R1 (Low Density Residential) Zoning District at the following property: 6364 Conroy Street NE Prior Lake, MN 55372 All of Lot 39, Conroy’s Bay Lot 50, Conroy’s Bay, EXCEPT that part of Lot 39, described as follows: Beginning at the Northwesterly corner of said Lot 39 and running thence Southerly along the Westerly lying thereof a distance of 10.1 feet; thence Easterly to the Northeasterly corner of said Lot 39; thence Westerly along the Northerly line of Lot 39 to the point of beginning. Torrens Property (PID 25-114-005-0) 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- 2015-001018 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 2 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. 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 lake home plan 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 variances are necessary to use the property in a reasonable manner. The 3,355 sq. ft. proposed footprint for the structure is a reasonable-sized lake home given the size, shape, and lot constraints of the property. 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 practical difficulty does exist due to circumstances unique to the property. This residential property has unique characteristics including a small nonconforming lot area in which to construct a lake home. 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 variances to allow a construction of a single family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 13.2 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)) b. A 18.4% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306) c. A 20 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308). d. A 2.7 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. VOTE Hite Blahnik Fleming Larson Petersen Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 3 _______________________________ Perri Hite, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director Abstain ☐ ☐ ☐ ☐ ☐ 6364 ConroyStreet NE Variance LocationMap WILD OAKSTERRNE GREENWAY AV NE CONROY STNE SUBJECT PROPERTY LOWERPRIORLAKE Ü050100200 Feet