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HomeMy WebLinkAbout16-038 6430 Conroy Street Variance Appeal 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-038 RESOLUTION APPROVING AN APPEAL FROM AMY AND BILL CUTTER WITH REGARD TO THE PLANNING COMMISSION’S APPROVAL OF VARIANCES AT 6430 CONROY STREET NE MOTION BY: McGuire SECOND BY: Keeney WHEREAS, Copper Creek LLC, on behalf of the property owner, Robert Welch, has requested a number of variances in order to remove the existing home and construct a new home on a property in the R-1 (Low Density Residential) Zoning District at the following described property (“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, The Planning Commission, acting as the Board of Adjustment, reviewed the application for variances as contained in Case #DEV16-001001, held a public hearing on February 1, 2016, and continued the public hearing on February 16, 2016; and, WHEREAS, After closing the public hearing on February 16, 2016, the Planning Commission found that the variances were consistent with the criteria set forth in Section 1108.406 of the Zoning Code and Minn. Stat. 462.357, Subd. 6, and approved the variances subject to conditions; and WHEREAS, On February 23, 2016, Amy and Bill Cutter, property owners within 350 feet of the Property, appealed the decision of the Planning Commission to the City Council in regards to the following two variances: (1) the minimum 50 foot setback from the Ordinary High Water elevation, and (2) the minimum 15 foot separation of all structures on the east side for nonconforming lots; and WHEREAS, The City Council reviewed the information contained in Case # DEV16-001001, and considered the appeal on March 28, 2016. 2 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The above recitals are fully incorporated herein as set forth above. 2. The contents of Case #DEV16-001001 are entered into and made a part of the public record. 3. The City Council makes 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 is a lot of record which 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. 4. Based upon the findings set forth herein, the City Council hereby affirms the variances granted by the Planning Commission including but not limited to the two variances described below which were the subject of Amy and Bill Cutter’s appeal: a. 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). b. 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)). 3 PASSED AND ADOPTED THIS 28TH DAY OF MARCH, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☒ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☒ ☐ ______________________________ Frank Boyles, City Manager