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Home My WebLink About4A Evanston Avenue SE Variance Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 19, 2016 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF VARIANCES FROM THE MINIMUM LOT WIDTH, FRONT YARD SETBACK, SIDE YARD SETBACK, AND DRIVEWAY SETBACK TO ALLOW SUBDIVISION OF A RESIDENTIAL PROPERTY INTO TWO LOTS IN THE R-2 (MEDIUM DENSITY RESIDEN- TIAL) ZONING DISTRICT DISCUSSION: Introduction George Farrell, the property owner, is requesting variances in order to subdivide a residential property located at 16189 & 16199 Evanston Avenue into two lots. The property is located north of Dakota Street, east of Trunk State Hwy 13. The property currently contains two principal residential structures and two garages. In order for the newly platted properties to be in conformance within City ordi- nance, the following variances are required: 16189 Evanston Avenue (Parcel A) • A 21.3 foot variance from the required 60 foot minimum lot width for a riparian lot in the R-1 District. (Section 1102.505 (1)) • A 1.5 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 13.3 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent prop- erties (Section 1102.505 (3)) • A 5.0 foot variance from the required 5.0 minimum side yard setback for a driveway. (Section 1107.205) • 16199 Evanston Avenue (Parcel B) • An 8.7 foot variance from the required 60 foot minimum lot width for a riparian lot in the R-1 District. (Section 1102.505 (1)) • A 3.5 foot variance from the required 5 foot minimum setback for ac- cessory structures. (Section 1102.700 (8)) • An 11.8 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent prop- erties (Section 1102.505 (3)) • A 5.0 foot variance from the required 5.0 minimum side yard setback for a driveway. (Section 1107.205) · 2 Regulation Minimum Proposed Variance 16189 Evanston Ave (Parcel A) Lot Width 20’ 38.7’ 21.3’ Sum of the side yard setbacks 15’ 13.5’ 1.5’ Front Yard setback (averaging allowed) 20’ 6.7’ 13.3’ Driveway setback 5’ 5’ 5’ 16199 Evanston Avenue (Parcel B) Lot Width 60’ 51.2’ 8.8’ Side yard setback (accessory structure) 5’ 1.5’ 3.5’ Front Yard Setback (averaging allowed) 20’ 8.2’ 11.8’ Driveway setback 5’ 5’ 5’ History The property is zoned R-2 (Medium Density Residential), and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property currently contains two single family homes. Currently two single family dwellings exist as nonconformities on the property. By city ordinance no more than one principal building is allowed on one lot (Section 1101.501 (4)). Current Circumstances The applicant proposes to subdivide the property into two lots. No new construc- tion is proposed with this application, rather the resulting subdivision would cre- ate setbacks and lot widths that are nonconforming with the current ordinance. Lot Width The proposed lot split would create two lots which do not meet the required 60 foot minimum lot width. The lot width is proposed at 38.7 feet and 51.2 feet respectively. Front Yard Setback The existing houses lie 6.7 and 8.2 feet respectively from the current front prop- erty line. Building Separation The combined side yards for proposed Parcel A (16189 Evanston Ave) are 5.0 feet and 8.5 feet for a total of 13.5 feet. The required minimum by City ordinance is 15 feet. Garage Setback The setback of the existing garage on Parcel B (16199 Evanston Ave) is 1.5 feet. The require minimum by City ordinance is 5 feet. Driveway Setback The current driveway for Parcel A is proposed to be across both properties near the shared side lot line. A driveway variance of 5 feet is needed to allow the driveway placement in its current location. City Staff recommends a condition of approval for the creation of a private access easement across the driveway area along the northern property line of Parcel B (16199 Evanston Avenue) in favor 3 of Parcel A (16189 Evanston Avenue) that would ensure adequate driveway ac- cess across the current driveway to the rear yard garage on Parcel A. Conclusion In conclusion, the applicant proposes to subdivide a property with two principal structures located on it into two separate residential properties. In order to sub- divide the property and alleviate the nonconformity of more than one principal structure on a single lot, the subdivision of the lots will require variances from the minimum lot width, side yard setback, front yard setback, and driveway setback. The newly created lots will improve the overall nonconforming situation of the existing site. Therefore, staff recommends approval of these variances with the following con- ditions: • The variance resolution shall be recorded at Scott County. • City inspections shall be conducted to ensure separation of the pub- lic sanitary sewer and water utility services for each single family dwelling. If separation does not exist, the property owner shall be responsible to create separate utility connections for each dwelling unit to the main sewer and water lines in Evanston Avenue. • A private access easement in favor of Parcel A (16189 Evanston Avenue) shall be recorded across the driveway portion of Parcel B (16199 Evanston Avenue). ISSUES: This project includes a request for variances. 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. Due to the narrowness of the existing lot variances from the side yard setback, driveway setback, front yard setback, and lot width are necessary. The newly created lots would no longer be a nonconforming use having two principal structures on one property. It is rare that a property has more than one principal structure on a lot. The granting of these variances will allow the property to be subdivided so that the nonconforming residential use is in compliance with the current zoning ordinance. • 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. The purpose of the Zoning Ordinance is to “promote the most appropri- ate and orderly development of the residential, business, industrial, pub- lic land and public areas.” In this case the subdividing of the property into two separate lots will create more orderly development of the site as 4 well as improve the health and safety of the uses with the addition of ac- cess and utility easements. In order for the development to occur, vari- ances from the minimum lot width, front yard setback, side yard setback, and driveway setback are necessary. • 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 results from the necessary narrow lots that must be created to subdivide the nonconforming lot which contains two princi- pal structures. • 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 impact the character and development of the area. The structures on the lot are not proposed to be relocated or removed at this time with the subdivision of the property. In addition, the changes proposed to the lot, including newly dedicated access easement, will enhance the public welfare by providing for legal rights for the future owners of the lots. • 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. The variances would allow for the property to be subdivided into two distinct properties with one single family residential structure on each property. One single family residential structure on a property is an allowed use within the R-1 (Low Density Residential) District. Two single family residential structures, as currently in existence, on one property is not an allowed use. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested two variances for 16189 and 16199 Evanston Avenue with the listed conditions, or any variance the Planning Commission deems appropriate in these cir- cumstances. 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 8-15-2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXPC VARIANCES FROM THE MINIMUM LOT WIDTH, FRONT YARD SETBACK, SIDE YARD SETBACK, AND DRIVEWAY SETBACK TO ALLOW SUBDIVISION OF A RESIDENTIAL PROPERTY IN THE R-2 (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 September 19, 2016 to consider a request from George Farrell to approve variances from the front yard setback, side yard setback, driveway setback, and minimum lot width to subdivide a single family property that currently contains two separate single family dwellings into two lots on a property in the R-2 (Medium Density Residential) Zoning District at the following property: 16189 & 16199 Evanston Avenue SE Lot 9 and 10, Block 12, City of Prior Lake, except the North 10 feet of said Lot 10, Scott County, Minnesota. Abstract Property (PID 25-001-093-0) 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 #DEV16-001027 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. 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 2 reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. Due to the narrowness of the existing lot variances from the side yard setback, driveway setback, front yard setback, and lot width are necessary. The newly created lots would no longer be a nonconforming use having two principal structures on one property. It is rare that a property has more than one principal structure on a lot. The granting of these variances will allow the property to be subdivided so that the nonconforming residential use is in compliance with the current zoning ordinance. 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. The purpose of the Zoning Ordinance is to “promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas.” In this case the subdividing of the property into two separate lots will create more orderly development of the site as well as improve the health and safety of the uses with the addition of access and utility easements. In order for the development to occur, variances from the minimum lot width, front yard setback, side yard setback, and driveway setback are necessary. 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 results from the necessary narrow lots that must be created to subdivide the nonconforming lot which contains two principal structures. 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 impact the character and development of the area. The structures on the lot are not proposed to be relocated or removed at this time with the subdivision of the property. In addition, the changes proposed to the lot, including newly dedicated access easement, will enhance the public welfare by providing for legal rights for the future owners of the lots. 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 variances would allow for the property to be subdivided into two distinct properties with one single family residential structure on each property. One single family residential structure on a property is an allowed use within the R-1 (Low Density Residential) District. Two single family residential structures, as currently in existence, on one property is not an allowed use. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow subdivision of a property containing two single family dwellings in the R-2 (Medium Density Residential) Zoning District: 16189 Evanston Avenue (Parcel A) • A 21.3 foot variance from the required 60 foot minimum lot width for a riparian lot in the R-1 District. (Section 1102.505 (1)) • A 1.5 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 13.3 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties (Section 1102.505 (3)) 3 • A 5.0 foot variance from the required 5.0 minimum side yard setback for a driveway. (Section 1107.205) 16199 Evanston Avenue (Parcel B) • An 8.7 foot variance from the required 60 foot minimum lot width for a riparian lot in the R-1 District. (Section 1102.505 (1)) • A 3.5 foot variance from the required 5 foot minimum setback for accessory structures. (Section 1102.700 (8)) • An 11.8 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties (Section 1102.505 (3)) • A 5.0 foot variance from the required 5.0 minimum side yard setback for a driveway. (Section 1107.205) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. City inspections shall be conducted to ensure separation of the public sanitary sewer and water utility services for each single family dwelling. If separation does not exist, the property owner shall be responsible to create separate utility connections for each dwelling unit to the main sewer and water lines in Evanston Avenue. c. A private access easement in favor of Parcel A (16189 Evanston Avenue) shall be recorded across the driveway portion of Parcel B (16199 Evanston Avenue). 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 ☐ ☐ ☐ ☐ ☐ DAKOTA ST SE H I G H W A Y 1 3 E V A N S T O N A V S E MINNESOTA ST SEHIGHWAY 1 3 Ü 16189 & 16199 Evanston Avenue 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