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Home My WebLink About4B 1735 Shoreline Blvd Variance Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 19, 2016 AGENDA #: 4B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM SIDE YARD SET- BACKTO ALLOW CONSTRUCTION OF A GARAGE ON A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Dana Breault, the property owner, is requesting variances from the minimum front yard setback and minimum side yard setback on a property located at 1735 Shoreline Boulevard SW . The property is located along the northern shores of Spring Lake. The following variances are requested: • An 11.5 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent prop- erties. (Subsection 1102.405 (5)) • A 9.0 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 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 Yard Setback (averaging allowed) 20’ 8.5’ 11.5’ Sum of the side yard setback 15’ 6.0’ 9.0’ Impervious Surface 30% 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. Current Circumstances The applicant proposes to construct an attached garage onsite with a 576 sq. ft. footprint. The property is 42 feet in width and 5,848 square feet in total area above the high water mark of Spring Lake (912.8 elevation) thereby making the property a nonconforming lot by width and area standards. Front Yard Setback 2 No garage exists on the property. The applicant proposes the attached garage at 8.5 feet from the front property line, 25.0 feet to the street curb. Side yard Setback The applicant proposes the 2-car garage at increased side yard setbacks (4.3 feet and 5.2 feet respectively) over the side yard setbacks of the existing dwelling (2.8 feet and 3.2 feet respectively). Impervious Surface The current impervious surface for the small property is 33.1% of the total lot area. As a result of the proposed garage and driveway the impervious surface would increase 61 square feet to 34.1% of the total lot area. 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 in the findings below. The City Staff does recommend the following conditions be in- cluded with the variance approval: • The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Commu- nity & Economic Development Department prior to the issuance of a building permit. 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. This residential property has some unique characteristics including the nar- row and small size of the property. The applicant proposes the 2-car garage in the center of the front yard with a similar front yard setback and increased side yard setback as the existing dwelling on-site. • 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 two-car garage on the site in an orderly fashion within the confines of the center of the property. 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. This residential property has unique characteristics including a small and narrow nonconforming lot area. This lot area results in the need of an impervious surface variance to slightly increase the overall impervious surface on the property for the allowance of the two-car gar- age and driveway. • 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/garage is within line of the adjacent houses on the block 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. An attached garage is an accessory structure to a single family residential dwelling, and 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 two variances for 1735 Shoreline Boulevard with the listed conditions, or any variance the Planning Commission deems appropriate in these circum- stances. 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 16-XXPC 2. Location Map 3. Survey dated 7-8-2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXPC VARIANCES FROM THE FRONT, SIDE YARD AND MINIMUM IMPERVIOUS SURFACE TO CONSTRUCT A GARAGE 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 September 19, 2016, to consider a request from Dana Breault to approve variances from the front yard, side yard and minimum impervious surface to construct an attached garage on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 1735 Shoreline Blvd NW , Prior Lake, MN 55372 All that part of Lot 8, Hillside View, lying South of the following described line: Starting at a point on the West line of said Lot 8, 13.0 feet Southwesterly from the Northwest corner thereof; and running thence South 71°50’ East to the shore of Spring Lake, said line being at an angle of 63°10’ with the Westerly line of said Hillside View. AND All that part of Lot 7, in said Hillside View, lying North of the following described line: Starting at a point on the West line of said Lot 7, 5.0 feet Southwesterly from the Northwest corner thereof; and running thence South 75°35’ East to the shore of Spring Lake, and said line being at an angle of 59°25’ with the Westerly line of said Hillside View. Abstract Property (PID 25-487-004-0) 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 #DEV16-001028 and held a hearing thereon on September 19, 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 PLANNING COMMISSION, ACTING AS THE BOARD OF ADJUSTMENT, 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. This residential property has some unique characteristics including the narrow and small size of the property. The applicant proposes the 2-car garage in the center of the front yard with a similar front yard setback and increased side yard setback as the existing dwelling on-site. 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 two-car garage 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. This lot area results in the need of an impervious surface variance to slightly increase the overall impervious surface on the property for the allowance of the two-car garage and driveway. 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/garage is within line of the adjacent houses on the block 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. An attached garage is an accessory structure to a single family residential dwelling, and 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 an attached garage in the R-1 (Low Density Residential) Zoning District: a. An 11.5 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 9.0 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))) c. A 4.1% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) 3 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 19th DAY OF September, 2016. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Fleming Larson Petersen Kallberg Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Spring Lake Ü 1735 Shoreline Blvd NW Variance Location Map SPRIN G LAKE GD (912.8) CAMPBELL LAKE NE (Not Estab.) Spring Lake SUBJECTPROPERTY SUBJECTPROPERTY S H O R E L I N E B L V D N W M A R S C H A L L R D