The URL can be used to link to this page

Home My WebLink About4A 6430 Conroy Street NE Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: FEBRUARY 16, 2016 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES (CONTINUED FROM 2/01/16) 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 Copper Creek Development, on behalf of the owner, is requesting 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 on a property located at 6430 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 con- tains a single family home. The following variances are requested: • A 13 foot variance from the required minimum 20 foot front yard set- back using the average front yard setbacks of the adjacent properties (Section 1102.405 (5)) • A 13.3% variance from the 30% maximum impervious surface re- quirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) • A 21 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 3.1 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 2 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 2 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’ 13’ 7’ Rear Setback (averaging allowed, 2 adjacent lots) 50’ 29.0’ 21.0’ Sum of Side Yards (a nonconforming lot) 15’ 13’ 2’ Building Separation (east side) 15’ 11.9’ 3.1’ Building Separation (west side) 15’ 13’ 2’ Minimum Lot Area (Shoreland nonconforming lots) 7,500 sq.ft. 4,402 sq.ft. 3,098 sq.ft. Maximum Impervious Surface 30% max. 43.3% 13.3% 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 (cabin) which was constructed in 1946 and a boat house which currently has a building permit for reconstruction. In the Fall of 2015 the Planning Commission considered a variance application for a new residential dwelling on this property. After reviewing the house design, the Planning Commission denied the previously requested variances, stating that the applicant could prepare a smaller house that would be reasonable for the property. The current proposal is approximately 10-15% smaller in area and overall width than the former proposal. Also, the minimum side yard setback on the east side has been increased from the previous proposed distance of 6 feet to the current proposed distance of 7.5 feet The Planning Commission opened the public hearing on February 1, 2016 and continued it to February 16th due to an error in the mailed notice public hearing date. Current Circumstances The applicant proposes to construct a new 2-story home with walkout basement and attached 2-car garage onsite with a 1,402 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 37 feet in width at its maximum (31 feet wide across the majority of the home) but would remain 5.5 feet from the west and 7.5 feet from the east prop- erty line. Also, the applicant proposes to place the house 7.0 feet (measured at the front stoop) from the front property line and 29 feet (at the deck) from the high water mark of Prior Lake at the closest point. All of these setbacks have similarities that are within character of the neighborhood as can be identified on the adjacent surveyed lots. The current City Ordinance requires a maximum of 30% impervious surface per property; the proposed impervious surface indicated for the lot is 43.7% of the total lot area. Existing impervious surface for other properties within this neighborhood are also over 30% the total lot areas. (see attached exhibit indicating impervious surface estimates for adjacent properties). 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 purposes for many years. The result of denying a single family dwelling use upon the property could result as a legal taking from the property. 3 Conclusion While the 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: • As mentioned by the applicant at the February 1st Planning Commission meeting, elimination of the boathouse and nearby concrete area could reduce the impervious surface by 194 square feet (to a 38.9% max). • 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. • 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. ISSUES: This project includes a request for seven 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 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 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. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested seven variances for 6430 Conroy 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 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 12-10-2015 4. Conceptual Building Plans stamp dated 11-17-2015 5. Impervious surface for adjacent properties (map) 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-02PC 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 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 February 2, 2016, continued on February 16, 2016, to consider a request from Copper Creek Real Estate Group, Inc. 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 #DEV16- 001001 and held a hearing thereon on February 1, 2016 and continued on February 16, 2016; 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 2 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. 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 a house in the R-1 (Low Density Residential) Zoning District: a. A 13 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties (Subsection 1102.405 (5)) b. A 13.3% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Subsection 1104.306 & Section 1104.902 (1)) c. A 21 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 (Subsection 1104.308). 3 d. A 3.1 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the east. (Subsection 1101.502 (7)). e. A 2 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the west. (Subsection 1101.502 (7)). f. A 2 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 (Subsection 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 16th DAY OF FEBRUARY, 2016. _______________________________ Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Kallberg Larson Petersen Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ November 17, 2015 01A CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. 6430 conroy street, prior lake, mn November 17, 2015 02A GARAGE CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. DIMENSIONS ARE APPROX AND ROUNDED TO THE NEAREST 6" 22' X 22' (OUTSIDE DIMS) DINING13' X10' GREAT ROOM14'-6" X 16'-6" FOYER KITCHEN13' X 12'-6" OWNER'S SUITE16'-6" X13' BDRM 213' X11' BDRM 313' X 14'-6" L'DRY11'-6" X 7'-6" W.I.C.8'-6" X 8'-6"LINEN W.I.C. W.I.C. LUXURY BATH LINEN LINEN DECK17' X 10' PORTICO 5 1 '-0 " 37'-0" 6430 conroy street, prior lake, mn November 17, 2015 03A CONCEPT PLANS ONLY, NOT FOR CONSTRUCTION OR BIDDING. SUBJECT TO CHANGE WITHOUT NOTICE. OPTIONAL ITEMS MAY BE SHOWN FOR ILLUSTRATIVE PURPOSES ONLY. FAMILY ROOM16' X 16' WET BAR MECH. ROOM10'-6" X 8' EXERCISE RM.20' X 12' STORAGE14' X 4'-6" BDRM 412'-6' X 16' 6430 conroy street, prior lake, mn CO N R O Y ST R E E T Im p e r v i o u s Su r f a c e Es t i m a t e s (% of to t a l lo t ar e a )