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Home My WebLink About4A 4633 Lords Street NE 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: NOVEMBER 16, 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 LAKESHORE STRUCTURE SETBACK, FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Justin Hanratty, is requesting a variance from the minimum lake setback on a property located at 4633 Lords Street. The property is located along the western shores of Lower Prior Lake, east of Edgewater Circle. The property currently contains a single family home. The following variance is requested: • A 0.5 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 two nearby properties (Section 1104.308). Regulation Requirement Proposed Variance Lake Setback (averaging 2 nearby lakeshore lots) 50’ 49.5’ 0.5’ History 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 which was constructed in 1993. Current Circumstances The applicant proposes to construct a 3.5 foot wide deck catwalk addition behind the existing porch. While the majority of the catwalk will meet the 50 foot required lake setback, due to the curvature of the 904 elevation contour (lake boundary). The catwalk will be 49.5 feet setback from the lake along a portion of the catwalk. Conclusion City Staff believes the variance requested is warranted due to the lot con- straints unique to the property and practical difficulties as stated in the findings. Therefore, City Staff recommends approval of the requested variance subject to the following conditions of approval: 2 • The variance resolution shall be recorded at Scott County. An acknowl- edged City Assent Form, shall be submitted to the Community & Eco- nomic Development Department prior to the issuance of a building per- mit 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. In or- der to meet the required 50 foot setback the existing deck line would need to be altered for the catwalk area and only a small 2 foot portion of the 15 foot long catwalk lies less than required 50 foot lake setback. The variance allows the catwalk to be constructed at a width that aes- thetically matches the profile of the existing deck 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 variance as requested would allow the applicant to construct a reasonable 3.5 foot width deck catwalk area in an orderly fashion. • 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. The curvature of the 904 ordinary high water mark of the lake creates setback of 49.5 feet from the lake to the catwalk along a small portion of the proposed deck. • 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 variance will not alter the existing character of the neighborhood. The proposed house is within line of the adjacent houses and has similar setbacks and lot conditions. 3 • 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. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance for 4633 Lords Street, 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 variance 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 5-29-15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC A VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R1-SD (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 April 20, 2015, to consider a request from Justin Hanratty to approve a variance from the minimum lake setback to allow construction of an upper level deck on a property in the R-1 (Low Density Residential) Zoning District at the following property: 4633 Lords Street NE, Prior Lake, MN 55372 That part of Government Lot 8, Section 35, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the West quarter corner of said Section 35; thence North 1 degree 46 minutes 40 seconds East on an assumed bearing along the West line of the Northwest Quarter of said Section 35 a distance of 1398.39 feet; thence Easterly along a tangential curve concave to the South having a radius of 161.60 feet, a central angle of 8 degrees 45 minutes 27 seconds and an arc length of 24.70 feet to the actual point of beginning; thence continuing Easterly and Southeasterly along said curve having a radius of 161.60 feet, a central angle of 21 degrees 14 minutes 29 seconds and an arc length of 59.91 feet; thence tangent to said curve South 72 degrees 05 minutes 58 seconds East a distance of 55.06 feet; thence South 6 degrees 28 minutes 17 seconds East a distance of 144.61 feet to the shoreline of Prior Lake; thence Westerly along said shoreline to a point that bears South 9 degrees 36 minutes 00 seconds Ease from the point of beginning; thence to the point of beginning. (PID 25-935-006-0) 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- 2015-001025 and held a hearing thereon on November 16, 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 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. In order to meet the required 50 foot setback the existing deck line would need to be altered for the catwalk area and only a small 2 foot portion of the 15 foot long catwalk lies less than required 50 foot lake setback. The variance allows the catwalk to be constructed at a width that aesthetically matches the profile of the existing deck line. 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 variance as requested would allow the applicant to construct a reasonable 3.5 foot width deck catwalk area in an orderly fashion. 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. The curvature of the 904 ordinary high water mark of the lake creates setback of 49.5 feet from the lake to the catwalk along a small portion of the proposed deck. 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 variance will not alter the existing character of the neighborhood. The proposed house is within line of the adjacent houses 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. 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 0.5 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) 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 16th DAY OF NOVEMBER, 2015. _______________________________ , Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Peterson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐