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HomeMy WebLinkAbout5A 6430 Conroy St Agenda Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 8, 2015 AGENDA #: 5A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS PUBLIC HEARING: OPENED/CLOSED ON AUGUST 17 AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD, MINIMUM SUM OF THE SIDE YARD SEBTACKS, MINIMUM BUILDING SEPARATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZON- ING DISTRICT DISCUSSION: Introduction Behr Design, on behalf of the owner, is requesting variances from the minimum lake setback, minimum front yard setback, minimum sum of the side yard set- backs, minimum building separation, minimum lot area, and maximum impervi- ous surface on a property located at 6430 Conroy Street. The property is lo- cated along the northern shores of Lower Prior Lake, south of Greenway Ave- nue, and west of Shady Beach Trail. The property currently contains a single family home. The following variances are requested: • A 9.9 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 14.7% variance from the 30% maximum impervious surface re- quirement for a residential property in the Shoreland District (Sec- tion 1104.306 & Section 1104.902 (1)) • A 22 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 4.6 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the east. (Section 1101.502 (7)). • A 4.9 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the west. (Section 1101.502 (7)). • A 4 foot variance from the minimum 15 foot sum of the side yard re- quirement (section 1101.502 (7)) • An 3,098 square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Section 1104.902 (1)) 2 Regulation Minimum Proposed Variance Front Setback (averaging allowed, 2 yards w/I 150’) 20’ 10.1’ 9.9’ Rear Setback (averaging allowed, 2 adjacent lots) 50’ 28.0’ 22.0’ Sum of Side Yards (a nonconforming lot) 15’ 11.0’ 4.0’ Building Separation (east side) 15’ 10.4’ 4.6’ Building Separation (west side) 15’ 10.1’ 4.9’ Minimum Lot Area (Shoreland nonconforming lots) 7,500 sq.ft. 4,402 sq.ft. 3,098 sq.ft. Maximum Impervious Surface 30% max. 44.7% 14.7% NOTE: If the egress window well cannot be moved out of the 5-foot side yard, that would be another variance to grant by the Planning Commission. Subsection 1101.503 states that, “Eaves, gutters and basement egress windows shall not extend more than 2 feet into a yard; and provided such encroachment is no closer than 5 feet from any lot line. 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 1946 and a boat house which currently has a building permit for reconstruction. Current Circumstances The applicant proposes to construct a new 2-story home with walkout base- ment and attached 2-car garage onsite with a 1,577 sq. ft. footprint. The property is 55 feet in width and 4,402 square feet in total area above the high water mark of Prior Lake (904.0 elevation) thereby making the property a nonconforming lot by width and area standards. The applicant proposes a house that is 38.33 feet in width at its maximum but will remain over 5 feet from both side property lines (with the exception of the proposed egress window pit). Also, the applicant proposes to place the house 10 feet from the front property line and 28 feet from the high water mark of Prior Lake. All of these setbacks have similarities that are within character of the neighborhood as can be identi- fied on the adjacent surveyed lots. The current City Ordinance requires a max- imum of 30% impervious surface per property; the proposed impervious sur- face indicated for the lot is 44.7% of the total lot area. Existing impervious sur- face for other properties within this neighborhood are also over 30% the total lot areas. While the Shoreland Ordinance does dictate a lot to be a minimum of 7,500 sq. ft. in size and 50 feet in width for development of the property into a single family dwelling, this property currently contains a single family structure and has been valued and assessed as a buildable lot for single family dwelling pur- poses for many years. The result of denying a single family dwelling use upon the property could result as a legal taking from the property. ADDED INFORMATION: ON AUGUST 17TH, THE PLANNING COMMISSION TABLED THIS ITEM AND REQUESTED THE APPLICANT TO RETURN WITH A POSSIBLE HOME DE- 3 SIGN THAT IS NARROWER IN WIDTH THAN THE PROPOSED 38 FEET. THE APPLICANT HAS DECIDED THAT THEIR ORIGINAL DESIGN WORKS BEST FOR THE SITE AND FOR A FUTURE HOMEBUYER. STAFF HAS REVIEWED SOME OTHER HOMES CONSTRUCTED ON SMALL 50-FEET WIDE LOTS. THREE EXAMPLES (ATTACHMENT 5) SHOW ONE 34-FEET WIDE HOUSE AND TWO 35-FEET WIDE HOUSES. WITH THE PROPOSED VARIANCES ASSOCIATED WITH THIS APPLICATION BEING ON A 55- FEET WIDE LOT, A 38-FEET WIDE HOUSE SEEMS REASONABLE COM- PARED TO THOSE EXAMPLES ON 50-FEET WIDE LOTS. IN ADDITION, THE PROPERTY DIRECTLY TO THE EAST AT 6436 CONROY IS QUITE COMPARABLE TO THE PROPOSED NEW HOUSE. FOR EXAMPLE, THE WIDEST PART OF THE HOUSE (AT FRONT) IS 38 FEET WIDE, AND THE LOT WIDTH (AT FRONT) IS 53 FEET WIDE. BOTH OF THESE DIMENSIONS COMPARE RESPECTIVELY TO 38 FEET AND 55 FEET FOR THE APPLICANT. FINALLY, A STAIRWAY ON THE WEST SIDE OF THE BACK DECK AT 6436 CONROY IS LESS THAN 1 FOOT BACK FROM THE SIDE PROPERTY LINE. THE SAME SETBACK APPLIES TO THE BASEMENT EGRESS WINDOW THAT IS LOCATED WITHIN THE SIDE YARD SETBACK. ISSUES: This project includes a request for seven20*35 variances. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict appli- cation 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 nar- row and small size of the property. The allowed buildable area of the property which could be utilized without approval of variances from the lake, front, and side yard setbacks, and impervious surface maximum is approximately 700 square feet with an impervious surface area of 1,320 sq. ft. It does not appear practical to construct a reasonable lake home within these limitations. • 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. 4 • The granting of the Variance is necessary to permit the reasonable use of the property involved. The variances are necessary to use the property in a reasonable man- ner. The 1,577 sq. ft. proposed footprint for the structure is a reasona- ble-sized lake home given the size, shape, and lot constraints 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 and narrow 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 on either side 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 While City staff believes the variances requested are warranted due to the lot constraints unique to the property and practical difficulties as stated above in the findings, the City does provide the following comments in regards to the request: • The applicant shall consider relocation of the window egress pit along the western property line so as to ensure proper storm water drainage along the side property line. • Runoff volumes and rates should not be increased on adjacent proper- ties as a result of construction. Techniques that may be used to ad- dress this requirement could be swales, drain tile/downspout connec- tions, etc. A plan showing both pre- and post-construction site drainage characteristics should be submitted along with the building permit. • As has been required recently in a similar variance request, storm water mitigation could be considered for this site to address the proposed im- pervious surface variance request. Mitigation techniques that could ad- 5 dress the increased impervious surface (that portion exceeding the 30% requirement, or runoff from about 649 square feet) include raingardens and shoreline buffers, although the design of these storm water fea- tures must be site-specific and effective techniques for this site would need to be determined by the applicant’s engineer. If storm water miti- gation is required, a storm water report detailing the proposed storm water mitigation would be needed. A monitoring and maintenance agreement would be needed for any required storm water mitigation improvements constructed on the property. • An erosion and sediment control plan is needed with the building permit to illustrate how the lake will be protected during construction (i.e. – silt fencing). The Planning Commission may want to consider some of these comments as conditions of the variance request and incorporate them into the resolution. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested eight variances for 6430 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 information, including one for project dated 7-31-15 4. Conceptual Building Plans stamp dated 7-24-15 5. Examples of narrow lakefront homes and 6436 Conroy survey/pictures 6. Letter from Applicant dated 9/03/15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, MINIMUM FRONT YARD, MINIMUM SUM OF THE SIDE YARD SEBTACKS, MINIMUM BUILDING SEPARATION, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA 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 August 17, 2015, to consider a request from Behr Design, on behalf of the property owner, Robert Walsh, to approve variances from the minimum lake setback, minimum front yard setback, minimum sum of the side yard setbacks, minimum building separation, minimum lot area, and maximum impervious surface to allow construction of a single family dwelling on a property in the R-1 (Low Density Residential) Zoning District at the following property: 6430 Conroy Street NE, Prior Lake, MN 55372 Legal Description: Lot 50, Conroy’s Bay, Scott County, Minnesota according to the plat thereof on file and of record in the office of the Register of Deeds in and for Scott County, Minnesota; and also all that part of Lot 49, Conroy’s Bay, Scott County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Scott County, Minnesota, described as follows: Commencing at a point 5 feet Southwesterly from the Northeasterly corner of Lot 49 Conroy’s Bay and lying on the Northwesterly line of said Lot 49; thence running Southeasterly through a point whose coordinates are 96 feet Southeasterly from said Northeasterly corner of said Lot 49 measured along the Northeasterly line of said Lot 49 and 2 feet Southwesterly therefrom measured along the Southeasterly line of Lot 49, to the water's edge’ of Prior Lake, thence Northeasterly along said water’s edge to the intersection with said Northeasterly line of Lot 49 as extended to the water’s edge of Prior Lake; thence Northwesterly along said Northeasterly line to the Northeast corner of Lot 49; thence Southwesterly along the Northwesterly line of said Lot to the point of beginning. (PID 25-114-012-0) 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- 2015-001013 and held a hearing thereon on August 17, 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 2 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 and small size of the property. The allowed buildable area of the property which could be utilized without approval of variances from the lake, front, and side yard setbacks, and impervious surface maximum is approximately 700 square feet with an impervious surface area of 1,320 sq. ft. It does not appear practical to construct a reasonable lake home within these limitations. 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 practical difficulty does exist due to circumstances unique to the property. This residential property has unique characteristics including a small and narrow nonconforming lot area in which to construct a lake home. 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. As visible on the submitted survey, the proposed house is within line of the adjacent houses on either side and has similar setbacks and lot conditions. 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. The requested variances would allow construction of a residential dwelling which 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 retaining walls and a house addition in the R-1 (Low Density Residential) Zoning District: a. A 9.9 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 14.7% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) 3 c. A 22 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 4.6 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the east. (Section 1101.502 (7)). e. A 4.9 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the west. (Section 1101.502 (7)). f. A 4 foot variance from the minimum 15 foot sum of the side yard requirement (section 1101.502 (7)) g. An 3,098 square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Section 1104.902 (1)) 4. The variances are subject to the following conditions of approval: a. This resolution shall 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. PASSED AND ADOPTED THIS 8th DAY OF AUGUST, 2015. _______________________________ Perri Hite, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Petersen Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ C O N R O Y S T N E G R E E N W A Y A V N E Ü010020050Feet 6430 Conroy Street NE Variance Location Map SUBJECT PROPERTY LOWER PRIOR LAKE September 3, 2015 City of Prior Lake Planning Commission Re: 6430 Conroy St NE On August 17, 2015, I, Robert Welsch, submitted a request to the Planning Commission to approve certain variances for the proposed construction of a home on the above-referenced property. The commission tabled the decision on this matter until the September 8, 2015 meeting, requesting that I consider “narrowing” the home design. Since the August 17th meeting, we have spent considerable time considering options for narrowing the home design as suggested by the Planning Commission. Our review of these options has yielded the following facts, issues and concerns: 1. Narrowing of the plan at the “street side” will yield no material change to the deck spacing with the concerned neighbor (6436 Conroy St NE), which is the primary concern that drove the request to narrow the home. 2. Because the footprint of the home is not large to begin with, narrowing the plan would almost certainly require the narrowing and reduction of the net size of the two stall garage. The potential buyer, a handicapped vet, rejected downsizing of the garage. He stated that the new garage size was unacceptable because it made it nearly impossible for him to utilize the garage when entering and exiting his vehicle. 3. The narrowing and reduction of the size of the garage is also unacceptable because, to justify the cost that a potential buyer would pay to build a house that fits with the balance of the neighborhood, the house needs to have a functional two-stall garage. 4. Through staking the footprint for the proposed home and reviewing the plans with the neighbor (6436), we were able to confirm that the proposed design had no meaningful impact to the neighbor’s view of the lake. This was important to us, as minimal to little “view” blockage of the neighbor (6436) was at the forefront throughout the design of the proposed home. 5. The size and location of the lake side deck is entirely reasonable and appropriate, as such size and location are entirely in line with what a homeowner would reasonably demand for a functional deck. No stairs are specified for the deck, which reduces the footprint of such deck. 6. The side setbacks are reasonable, especially when viewed in light of other plans that have been approved in the City. Specifically, the neighbor (6436) property has encroached into the side setback and has an egress window and deck stairs that butt up to the shared property line. We believe that, but for the variances already provided the neighbor (6436), this discussion would be moot. It would be unfair to now punish us and not allow variances that would have been perfectly acceptable if variances had not been granted previously to the neighboring property. 7. The egress window concerns located along the side of the property shared by the applicant/neighbor at 6424 Conroy St NE are moot. Proper irrigation, landscaping, and window location can be accomplished to allay all water drainage concerns. This egress window is necessary to allow for a 4th bedroom and a reasonable lake front family room, which is a critical amenity for new homes constructed along the lake. In conclusion, as outlined in the report provided by City Staff, there are “practical difficulties” that justify the variances I have requested in this application. It is undisputed that variances are necessary to building a reasonable lake home on the subject property. The only real question is the extent to which variances may be used to modify the requirements for this property so that it may be developed in a reasonable manner. In an effort to make certain that any new home on the property is consistent with and supports the character of the neighborhood, Applicant has designed a reasonably sized, tasteful home to be constructed on this property. We believe it would be a bad outcome for the neighborhood and would unnecessarily impair the City’s future tax base if our neighbor succeeds in forcing a narrowing of the proposed home. Although we understand that the Planning Commission’s suggestion on August 17th was for us to narrow the plans for the home, as outlined above, this is just not reasonable or practical. Several key elements of the home, including the two stall garage, would need to be compromised in an unacceptable manner if the plans for the home were narrowed as suggested. Accordingly, I respectfully request the approval of the variances as requested allowing for sale and construction of a home at 6430 Conroy St NE. Robert Welsch Applicant/6424 Conroy St NE Owner (952) 484-1504