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Home My WebLink About4B 16640 Inguadona Beach Cir 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: NOVEMBER 16, 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 FRONT YARD SETBACK AND MAXIMUM IMPERVIOUS SUR- FACE FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZON- ING DISTRICT DISCUSSION: Introduction Dawn Rahbain, is requesting a variance from the minimum front yard setback and impervious surface on a property located at 16640 Inguadona Beach. The property is located along the eastern shores of Lower Prior Lake, east of west of Pershing Street. The property currently contains a single family home. The fol- lowing variance is requested: • A 12.8 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 4.1% variance from the 30% maximum impervious surface require- ment for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) Regulation Minimum Proposed Variance Front Setback (averaging allowed, 2 yards w/I 150’) 20’ 7.2’ 12.8’ Maximum Impervious Surface 30% max. 34.1% 4.1% 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 1972. In- guadona Beach Circle is a private street. Current Circumstances The applicant proposes to construct a 632 square foot, 2-car garage addition on the property. The property is currently 8,356 square feet and ranges from 50 feet to 65 feet in width. Currently the property contains a single family home with a 1,450 square foot footprint which lacks a garage. The proposed attached gar- age would lie 7.2 feet from the front property line at its closest point. 2 Conclusion City Staff believes the front yard variance requested is warranted due to the lot constraints unique to the property and practical difficulties as stated in the find- ings. The impervious surface variance request could be eliminated with modifi- cations to reduce the walkways from 4 feet to 3 feet in width. Therefore, City Staff recommends approval of the requested variance subject to the following conditions of approval: • 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 • The certificate of survey shall be revised to reduce the proposed imper- vious surface to a maximum of 30% of the total lot area based on fur- ther removal of impervious (hard) surfaces. • The property owner of Lot 42 and 43, Inguadona Beach Plat shall grant a drainage and utility easement across the westernmost 12 feet of the lots for the purposes of the future public utility maintenance. ISSUES: This project includes a request for two 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 for the front yard setback variance. Very limited area exists in the front yard to place a garage; without a variance, a garage addition would not be pos- sible between the front property line and the house. In a Minnesota rec- reational, 4-season community such as Prior Lake, a 2-car garage is generally necessary for the purposes of normal daily living. • 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 2-car garage in an orderly fashion on the limited property area. 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 does exist due to circumstances unique to the property. The limited area in the front yard creates a challenge to place a garage on the property without any variances. Impervious surface can be eliminated in other concrete and paver walkway areas to maintain a maximum 30% total lot area impervious surface coverage. Therefore, an impervious surface variance is not necessary. • 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 and garage is within line of the adjacent houses and has similar setbacks and lot conditions. A public sanitary sewer line exists underneath the private street. Due to the decreased front yard setback for the attached garage on Lot 2, the City would require additional easement access from the properties opposite the street (The applicant owns the properties across the street). In order the provide access for maintenance to the utility line, a drainage and utility easement is required across the westernmost 12 feet of Lots 42 and 43, Inguadona Beach. • 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 16640 Inguadona Beach Circle, 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 10-20-15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-xxPC A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK 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 November 16, 2015, to consider a request from Dawn Rahbain to approve a variance from the minimum front yard setback to allow construction of an attached 2-car garage in the R1-SD (Low Density Shoreland Residential) Zoning District at the following property: 16640 Inguadona Beach Circle SW, Prior Lake, MN 55372 Lot 2, Inguadona Beach (PID 25-095-002-0) 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- 2015-001026 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. 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 for the front yard setback variance. Very limited area exists in the front yard to place a garage; without a variance, a garage addition would not be possible between the front property line and the house. In a Minnesota recreational, 4-season community such as Prior Lake, a 2-car garage is generally necessary for the purposes of normal daily living. 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 variance as requested would allow the applicant to construct a reasonable 2-car garage in an orderly fashion on the limited property area. 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 limited area in the front yard creates a challenge to place a garage on the property without any variances. Impervious surface can be eliminated in other concrete and paver walkway areas to maintain a maximum 30% total lot area impervious surface coverage. Therefore, an impervious surface variance is not necessary. 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 and garage is within line of the adjacent houses and has similar setbacks and lot conditions. A public sanitary sewer line exists underneath the private street. Due to the decreased front yard setback for the attached garage on Lot 2, the City would require additional easement access from the properties opposite the street (The applicant owns the properties across the street). In order the provide access for maintenance to the utility line, a drainage and utility easement is required across the westernmost 12 feet of Lots 42 and 43, Inguadona Beach. 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 an attached two-car garage in the R1-SD (Low Density Residential Shoreland) Zoning District: a. A 12.8 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)) 4. The variance is 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 b. The certificate of survey shall be revised to reduce the proposed impervious surface to a maximum of 30% of the total lot area based on further removal of impervious (hard) surfaces. c. The property owner of Lot 42 and 43, Inguadona Beach Plat shall grant a drainage and utility easement across the westernmost 12 feet of the lots for the purposes of the future public utility maintenance. PASSED AND ADOPTED THIS 16th DAY OF NOVEMBER 2015. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Hite Blahnik Fleming Larson Peterson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐