HomeMy WebLinkAbout4B- 4342 Bass St Variance Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JULY 18, 2016
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 SIDE YARD ABUTTING A STREET SETBACK FOR A PROP-
ERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Mike and Debbie Larson, with the consent of the property owners, are requesting
a variance from the minimum side yard abutting the street setback on a property
located at 4342 Bass Street SE. The property is located along the eastern
shores of Upper Prior Lake, at the intersection of Bass Street and West Avenue.
The following variance is requested:
• An 11.5 foot variance from the required minimum 25 foot side yard
abutting a street setback (Section 1102.405)
Regulation Minimum Proposed Variance
Side Yard Abutting a Street Setback 25’ 13.5’ 11.5’
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 cabin which was constructed in 1980.
Current Circumstances
The applicant proposes to construct a single family dwelling with a footprint of
approximately 1,700 square foot, including a 2-car garage on the corner lot prop-
erty. The legal nonconforming lot is currently 8,112 square feet and 50 feet in
width. The buildable area allowed without a structure setback variance is ap-
proximately 1,300 square feet and 20 feet wide. The buildable area width is
restricted due to the required setback of 25 feet from both the front setback (Bass
Street) and side yard abutting the street (West Avenue). The required interior
side setback is 5 feet and the required lake setback is 75 feet. The proposed
single family dwelling will meet all setbacks with the exception of the required
side yard abutting a street setback (West Avenue).
A storm sewer main line is located within 2 feet of the eastern property line. Due
to the decreased side yard abutting a street setback for the house, the City re-
quires an easement. In order the provide access for maintenance to the utility
2
line, a drainage and utility easement is required across the easternmost 10 feet
of the lot.
Conclusion
City Staff believes the side yard abutting variance requested is warranted due
to the lot constraints unique to the property and practical difficulties as stated in
the findings. Therefore, City Staff recommends approval of the requested vari-
ance subject to the following conditions of approval:
• The variance resolution shall be recorded at the Scott County Re-
corder’s Office. An acknowledged City Assent Form, shall be submitted
to the Community & Economic Development Department prior to the is-
suance of a building permit
• The property owner shall grant a drainage and utility easement across
the easternmost 10 feet of the lot for the purposes of the future public
utility maintenance.
ISSUES: This project includes a request for a 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.
Practical difficulties exist for the applicant in this case for the side yard
abutting a street setback variance. This residential property has some
unique characteristics including the narrow and small size of the prop-
erty. The allowed buildable area of the property which could be utilized
without approval of a variance from the required structure setbacks is an
area approximately 1,300 square feet that is 20 feet wide. It does not
appear practical to construct a reasonable lake home within these limita-
tions.
• 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 residential lake home plan
on the site in an orderly fashion within the confines of the center of the
property.
• 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.
3
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 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. A public storm sewer line
exists near the eastern property line. Due to the decreased side yard
abutting a street setback for the house, the City requires additional
easement. In order the provide access for maintenance to the utility line,
a drainage and utility easement is required across the easternmost 10 feet
of the lot.
• 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 4243 Bass Street SE, 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 16-XXPC
2. Location Map
3. Survey dated June 14, 2016
4. Survey indicating buildable area
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-xxPC
A VARIANCE FROM THE MINIMUM SIDE YARD ABUTTING A STREET 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 Monday, July 18, 2016, to consider a request from Mike and
Debbie Larson to approve a variance from the minimum side yard abutting a street
setback to allow construction of a new home on a property in the R-1 (Low Density
Residential) Zoning District at the following property:
4342 Bass Street SE, Prior Lake, MN 55372
Lot 1, Sunfish Bay, Scott County, Minnesota.
(PID 25-043-001-0)
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 #DEV16-001019 and held a hearing thereon on July 18, 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 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.
2
Practical difficulties exist for the applicant in this case for the side yard abutting a
street setback variance. 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 a variance from the required
structure setbacks is an area approximately 1,300 square feet that is 20 feet wide. 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 variance 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 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. A public storm sewer line exists near the eastern property line.
Due to the decreased side yard abutting a street setback for the house, the City
requires additional easement. In order the provide access for maintenance to the utility
line, a drainage and utility easement is required across the easternmost 10 feet of the
lot.
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 a single family dwelling in the R-1 (Low
Density Residential) Zoning District:
a. An 11.5 foot variance from the required minimum 25 foot side yard abutting a street
setback (Section 1102.405).
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.
3
b. The property owner shall grant a drainage and utility easement across the
easternmost 10 feet of the lot for the purposes of the future public utility maintenance
PASSED AND ADOPTED THIS 18th DAY OF JULY, 2016.
_______________________________ Bryan Fleming,
Commission Chair
ATTEST: _________________________________
Dan Rogness,
Community & Economic Development Director
VOTE Fleming Larson Petersen Kallberg Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
W E S T A V S E
BASS ST SE
QUINCY ST SE
S U N F I S H T R L S E
Lower Prior Lake
Ü
4342 Bass Street SE Variance Location Map
UPPER PRIOR LAKE
GD
(904)
ARTIC
LAKE
NE
(906.7)
154TH ST NW
H I G H W A Y 1 3
160TH ST SE
PLEASANT ST SE
Upper Prior Lake
SUBJECTPROPERTY
SUBJECTPROPERTY
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EROSION CONTROL NOTES:1.Install all erosion control measures prior to any excavat
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silt fence or bio-roll.4.Sweep streets if sediment tracking occurs.
Buildable Area
(1,300 sq. ft., 20 feet wide)
Variance Request