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Home My WebLink About5A 14539 Pine Road PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: NOVEMBER 2, 2015 AGENDA #: 5A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: PUBLIC HEARING: JEFF MATZKE YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM FRONT YARD AND SIDE SETBACKS FOR A PROPERTY IN THE LOW DENSITY RESIDENTIAL (R-1) ZONING DISTRICT DISCUSSION: Introduction The property owners, Chad & Kimberly Clauson, are requesting variances from the minimum front yard and lake setback to add a second story on a single family residential dwelling on a property located at 14539 Pine Road on the northern shores of Lower Prior Lake. The following variances are requested: • A 12.2 variance from the required minimum 25 foot front yard setback (Subsection 1101.502 (7)) • A 4.2 foot variance from the minimum 15 foot total sum of the side yards and a 4.4 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)) Current Circumstances The property is zoned R-1 (Low Density Residential), and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property currently contains a single family home. The applicant is proposing a remodeling project to the existing 2 bedroom, 1 bathroom dwelling on the site. The existing house 1,100 sq. ft. home has a tuck-under garage and was constructed in 1953. The applicant proposes to add a second story addition to the current footprint of the home as well as construct a stairway into the lower level, tuck-under garage. While nonconforming to the current ordinance, the existing front yard and side yard setbacks would not be altered; however, since this 2nd story would expand the existing nonconforming setbacks to another level of the home, a variance request is required prior to construction. Since no increase in the existing footprint is proposed for the structure, no change in impervious surface is proposed. A steep bluff slope ex- ists in the rear yard; and the minimum 25 foot building setback requirement to the top of this bluff area would prevent a significant addition to the rear yard of the dwelling. Conclusion The applicant proposes a remodeling of the existing home which will not increase the current nonconforming setbacks to the front yard or side yard. The existing 2 lot of record has a limited area for building depth due to the size of the property and location of a steep bluff slope in the rear yard. Therefore, City Staff believes the strict application of the minimum front yard and side setbacks create a prac- tical difficulty for the property owner to use the property in a reasonable manner. Based upon the findings in this report, staff recommends approval of the re- quested variances with the following conditions: 1. The variance resolution must be recorded at Scott County. A City Assent Form, shall be submitted to the Community & Economic Development De- partment prior to the issuance of a building permit. ISSUES: This project includes a request for two variances. Subsection 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: (1) 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 shape and size of this 7,789 square foot property creates a practical difficulty for the property owner to construct a second story house addi- tion on this property in a reasonable manner. The applicant proposes a 2nd story addition which will not increase the existing nonconforming set- backs to the front property line or side property lines. Expansion in the rear yard is limited by a steep bluff slope. (2) 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 granting of the variance is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordi- nance to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas” and to “En- hance the aesthetic character of the City.” The granting of the variance will allow for addition of a 1,100 square foot addition to the current single story lake home with a tuck-under garage. (3) 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 is due to circumstances unique to the property area which was created by the size and shape of the property, and the lo- cation of the existing dwelling in proximity to the front and side property lines. 3 (4) 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 addition and remodeling is for a single family residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested front yard and side yard setback variances. 2. Motion and a second to table and/or continue discussion of the item for spe- cific purpose. 3. Motion and second to deny one or both variances based on specified find- ings fact. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Resolution 15-XXPC 2. Location Map 3. Street Photo of property 4. Existing Survey and 2nd Story Floor Plan 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC VARIANCES FROM THE FRONT YARD SETBACK AND 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 November 2, 2015, to consider a request from Chad Clauson to approve a variance to allow construction of a second level on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14539 Pine Road Lot 7, Block 1, North Shore Crest, Scott County, Minnesota. (PID 25-040-007-0) 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 #DEV15- 001023 and held a hearing thereon on November 2, 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. The shape and size of this 7,789 square foot property creates a practical difficulty for the property owner to construct a second story house addition on this property in a reasonable manner. The applicant proposes a 2nd story addition which will not 2 increase the existing nonconforming setbacks to the front property line or side property lines. Expansion in the rear yard is limited by a steep bluff slope. 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. The granting of the variance is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas” and to “Enhance the aesthetic character of the City.” The granting of the variance will allow for addition of a 1,100 square foot addition to the current single story lake home with a tuck-under garage. 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 is due to circumstances unique to the property area which was created by the size and shape of the property, and the location of the existing dwelling in proximity to the front and side property lines. 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. The requested addition and remodeling is for a single family 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 a 2nd story to a single family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 12.2 variance from the required minimum 25 foot front yard setback (Subsection 1101.502 (7)) b. A 4.2 foot variance from the minimum 15 foot total sum of the side yards and a 4.4 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)) 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 2nd DAY OF NOVEMBER, 2015. _______________________________ Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Kallberg Tieman Fleming Larson Peterson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐