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HomeMy WebLinkAbout16-09PC Resolution - Summit Preserve Variance Receipt:# 561545 A1014277 VAR $46.00 G-PRIOR LAKE CITY 646 DAKOTA ST E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 11/9/2016 10:45 AM Office of the County Recorder Scott County,Minnesota James L Hentges,County Recorder STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 16-09PC A RESOLUTION APPROVING VARIANCES FOR CLUSTER HOUSING IN A MEDIUM DENSITY RESIDENTIAL (R-2) USE DISTRICT RELATED TO FRONT YARD SETBACKS AND MINIMUM LOT DEPTH Jeff Matzke City of Prior Lake Dated this 201h day of June, 2016. J�i-Q y-06(-1 PID X924-001-0, 25-924-001-2, 25-924-001-4, 25-924-002-1, 25-924-002-2, 25-924-002-4 Return to and drafted by: City of Prior Lake Community and Economic Development Department ``,,,•�••••,. 4646 Dakota Street SE Prior Lake, MN 55372 'r rri •, 0•Af O� PRIO!+ ti U 4646 Dakota Street SE NZso'0' Prior Lake, MN 55372 RESOLUTION 16.09PC A RESOLUTION APPROVING VARIANCES FOR CLUSTER HOUSING IN A MEDIUM DENSITY RESIDENTIAL (R-2) USE DISTRICT RELATED TO FRONT YARD SETBACKS AND MINIMUM LOT DEPTH Motion By: Kallberg Second By: Larson WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment,conducted a public hearing on June 20,2016,to consider a request from Summit Preserve, LLC to approve variances related to Cluster Housing in the Medium Density Residential (R-2) Use District, including a 5-foot variance from the minimum front yard setback requirement of 25 feet and a 120-foot variance from the minimum lot depth requirement of 200-feet at the following property: That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota lying westerly of the following described line: Beginning at a point on the south line of said East Half of the Southeast Quarter distant 993.34 feetwest of the southeast corner;thence northerly to a point on the north line of said south 1319.00 feet distant 989.97 feet west of the northeast corner of said south 1319.00 feet and there terminating.AND That part of the east 500 feet of the West half of the Southeast Quarter of Section 24,Township 115, Range 22, Scott County, Minnesota lying south of the north 1500.00 feet of said West Half of the Southeast Quarter, EXCEPTING THEREFROM the South 495 feet of the West 440.00 feet of the East 500.00 feet of the West Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota. AND The south 495 feet of the West 440.00 feet of the East 500.00 feet of the West Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota. AND That part of the West Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota lying South of the North 2030.00 feet and West of the East 500.00 feet of said West Half of the Southeast Quarter. AND That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota,described as follows: Beginning at the point on the South line of said East Half of the Southeast Quarter distant 662.23 feet West of the Southeast comer;thence Westerly along said South line a distance of 331.11 feet; thence Northerly to a point on the North line of said South 1319.00 feet distant 989.97 feet;West of the Northeast corner of said South 1319.00 feet;thence Easterly along said North line a distance of 329.99 feet;thence Southerly to the point of beginning. AND That part of the south 1319.00 feet of the East Half of the Southeast Quarter of Section 24,Township 115,Range 22,Scott County,Minnesota,described as follows: Beginning at a point on the South line of said East Half of the Southeast Quarter distant 331.11 feet West of the Southeast corner;thence Westerly along said South line a distance of 331.12 feet;thence Northerly to a point on the North line of said South 1319.00 feet distant 659.98 feet West of the northeast corner of said South 1319.00 feet;thence Easterly along said North line a distance of 329.99 feet;thence Southerly to the point of beginning. "1 5-�l 24-t1J f-i Abstract Property-(PI'D 25-924-001-2,25-924-0014,25-924-002-1,25-924-002-2,25-924-002-4) WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in the variances, and persons interested were afforded the opportunity to present their views and objections related to the variance application; and WHEREAS, The Planning Commission has reviewed the application for the variance and held a hearing thereon on June 20, 2016; and WHEREAS, The Planning Commission finds the proposed variances are meet the five criteria as contained in Subsection 1108.406 of the Prior Lake Zoning Ordinance. 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 Board of Adjustment hereby adopts the following findings per Subsection 1108.406 of the Prior Lake Zoning Ordinance: a) There are practical difficulties in complying with the strict terms of this Ordinance;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. Response: If cluster housing is intended to preserve natural features on the site, then it is practically difficult to do that without allowing some lesser setbacks. In this case, the front yard setbacks would be reduced 5 feet throughout much of the cluster housing area in order to help further meet the intent of cluster housing in the R-2 Use District. The variance associated with the lot depth would actually work against achieving the necessary minimum housing densities in this proposed R-2 development. Unlike single family lots, 1 townhome lot depths within the cluster housing proposal vary greatly, from 80-feet to 220-feet with an average likely to be at approximately 125-feet. b) 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. Res onse: In general, the front yard setback is for the purpose of adequate parking and openness along streets. The plan for cluster housing in Summit Preserve shows driveways of 24-feet to the right-of-way line and 33-feet to the street curb line. In comparison, the Jeffers Pond PUD allowed townhomes to be set back 22-feet from the right-of-way and 25-feet from the street curb. As noted above in#1, the lot depth setback of 80-feet is the minimum with the average closer to 125-feet throughout. The 2030 Comprehensive Plan supports flexibility in order to achieve public good, such as the preservations of trees. c) The practical difficulty is due to circumstances unique to the property and not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. Response: This property is largely wooded with slopes and wetlands, which has natural features worthy of preservation. d) 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. Response: The surrounding areas include single family housing at a low density, vacant property or highways. This area, being at a corner of two county highways, is a good location for medium density residential development. The proposed development will add a different housing type(townhomes)at a higher density next to single family units along the eastern border, but the previously approved PUD had commercial going there. e) 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. Response: Assuming the rezoning to R-2 is approved, the proposed land uses, including single family and cluster housing is allowed in this Use District. 3. The variances for front yard setback of 5-feet(20 versus 25 feet) and for minimum lot depth of 120-feet(80 versus 200 feet) is hereby approved, subject to the following conditions: a) The development of 122 Cluster Housing units shall be constructed according to the Preliminary Plat dated 6/10/16, as approved by the Planning Commission. b) The development of 122 Cluster Housing units is subject to approval by the Planning Commission of a CUP for Cluster Housing. c) The variances are subject to the issuance of required permits from all applicable governmental agencies. d) The variance approval is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the variances. The initial approval of these variances does not create any right, in law or equity,to the renewal thereof. PASSED AND ADOPTED THIS 20th DAY OF JUNE, 2016. VOTE Fleming Kallberg Larson Petersen Tieman Aye © ® M ❑ ® Bryan F mi , Commission Nay ❑ ❑ ❑ ❑ ❑ m -- Absent ❑ ❑ ❑ © ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness, Community&Ec nomic Develop ent Director 2