HomeMy WebLinkAbout4D 15211 Edinborough Avenue NE Report4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: FEBRUARY 21, 2017
AGENDA #: 4D
PREPARED BY:
PRESENTED BY:
JEFF MATZKE, PLANNER
JEFF MATZKE
AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTI-
ION APPROVING A VARIANCE FROM THE MINIMUM SIDEYARD SETBACK
AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R-1
(LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Jon Gleisner, on behalf of the owner of the subject property, are requesting vari-
ances in order to allow for the construction of a new home on a property located
at 15211 Edinborough Avenue NE. The property is located south of Lords Street,
and west of Quaker Trail. The following variances are requested with the pro-
posed survey:
•A 0.1-foot variance from the minimum 15-foot sum of the side yards on the
nonconforming lot and on the adjoining lot to the east. (Section 1101.502 (7)).
•A 4.7% variance from the maximum 30% impervious surface requirement
(Section 1104.306)
Regulation Require-
ment
Proposed Variance
Sum of the Side Yard Setbacks 15’ min. 14.9’ 0.1’
Impervious Surface 30.0% max. 34.7% 4.7%
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 is
currently vacant, it previously contained a single family cabin which was
removed in 2011.
Current Circumstances
Setbacks: The property is 49.9 feet in width and 6,496 square feet in total area
thereby making the property a nonconforming lot by width and area standards.
The applicant proposes a house that is 30.0 feet in width and 50.0 in length and
would remain 9.9 feet from the west and 5.0 feet from the east property line. The
west property line is shared with a steep sloped access drive that the local wa-
tershed district and City public works use to service the outlet structure and san-
itary sewer line south of the property.
Impervious Surface: The proposed impervious surface totals 2,254 square feet
and due to the small lot area (6,496 sq. ft.) the resulting proposed impervious
2
surface is 34.7% of the total lot area. The proposed driveway area appears larger
than necessary; the City also has a maximum requirement of 24 feet width for the
driveway at the front property line. Therefore, City Staff believes the driveway
could be reduced in width resulting in at least a 110 square foot reduction of im-
pervious surface or a maximum impervious surface of 33.0%. The impervious
surface could also be reduced further if the driveway was shortened but that
would result in a request for a front yard variance (less than 25 feet).
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 in this report, a few changes are recommended. These include consid-
eration of a variance approval no greater than 33.0% impervious surface due to
the required width of the driveway. Therefore, the City Staff recommends ap-
proval of the following variances:
• A 0.1-foot variance from the minimum 15-foot sum of the side yards on the
nonconforming lot and on the adjoining lot to the east. (Section 1101.502 (7)).
• A 3.0% variance from the maximum 30% impervious surface requirement
(Section 1104.306)
ISSUES: This project includes requests for variances. Section 1108.400 states that the
Board of Adjustment may grant a variance from the strict application of the provi-
sions of the Zoning Ordinance, provided that:
(1) 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.
There are practical difficulties in complying with the strict terms of the Or-
dinance. This residential property has some unique characteristics in-
cluding the narrow and small size of the property. Dues to the required
setbacks and impervious surface maximum, there would a limited builda-
ble area without approval of variances from the sum of the side yard set-
back and impervious surface maximum.
(2) 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 granting of the variances appears to be in harmony with the general
purposes of the Ordinance and Comprehensive Plan. A purpose of the
Zoning Ordinance to “Promote the most appropriate and orderly develop-
ment of the residential, business, industrial, public land, and public ar-
eas”. Furthermore, the Shoreland Ordinance (Section 1104) policy’s in-
tent is “in the best interests of the public health, safety, and welfare to
provide for the wise development of shoreland of public waters.” The
reasonable residential house is in harmony with these purposes and poli-
cies.
3
(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 presence of a steep slope on the property, narrow lot width, and
small lot size creates a practical difficulty for the property owner to create
a reasonable house without the requested variances.
(4) 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 essential character of the
neighborhood. There are other riparian properties in this corridor with
similar slopes, nonconforming setbacks, impervious surface areas, and
narrow/small lot configurations.
(5) 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.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving variances for 15211
Edinborough Avenue with the listed conditions, or approve any variance the
Planning Commission deems appropriate in the circumstances.
2. Motion and a second to table or continue discussion of the item for specific
purpose as directed by the Planning Commission.
3. Motion and a second to deny the variance requests because the Planning
Commission finds a lack of demonstrated practical difficulties under the zon-
ing code criteria
RECOMMENDED
MOTIONS:
Alternative #1.
ATTACHMENTS: 1. Resolution 17-XXPC
2. Location Map
3. Proposed survey dated 1-26-2017
4. Conceptual floor plan and example of housing elevation
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-XXPC
A VARIANCE FROM THE MINIMUM SIDEYARD SETBACK AND MAXIMUM IMPERVIOUS SURFACE 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
February 21, 2017 to consider a request from John Gleisner, on behalf of the property owner, Charles
Braizer, to approve variances on a property in the R1-SD (Low Density Residential Shoreland) Zoning
District at the following property:
15211 Edinborough Avenue NE, Prior Lake, MN 55372
Lot 40, Maple Park Shore Acres, Scott County, Minnesota.
(PID 25-036-035-0)
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-
001034 and held a hearing thereon on February 21, 2017; 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 reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties.
There are practical difficulties in complying with the strict terms of the Ordinance. This residential
property has some unique characteristics including the narrow and small size of the property. Dues to
the required setbacks and impervious surface maximum, there would a limited buildable area without
approval of variances from the sum of the side yard setback and impervious surface maximum.
2
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 granting of the variances appears to be in harmony with the general purposes of the Ordinance
and Comprehensive Plan. A purpose of the Zoning Ordinance to “Promote the most appropriate and
orderly development of the residential, business, industrial, public land, and public areas”.
Furthermore, the Shoreland Ordinance (Section 1104) policy’s intent is “in the best interests of the
public health, safety, and welfare to provide for the wise development of shoreland of public waters.”
The reasonable residential house is in harmony with these purposes and policies.
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 presence of a steep slope on the property, narrow lot width, and small lot size creates a practical
difficulty for the property owner to create a reasonable house without the requested variances.
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 essential character of the neighborhood. There are other
riparian properties in this corridor with similar slopes, nonconforming setbacks, impervious surface areas,
and narrow/small lot configurations.
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.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances
to allow a construction of a single family dwelling in the R-1 (Low Density Residential) Zoning District:
a. A 0.1-foot variance from the minimum 15-foot sum of the side yards on the nonconforming lot and on the
adjoining lot to the east. (Section 1101.502 (7)).
b. A 3.0% variance from the maximum 30% impervious surface requirement (Section 1104.306)
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.
b. Proposed driveway from garage to Quaker Trail must be paved or other suitable surface in accordance
with City Ordinance Section 1107.207.
c. Proposed driveway must be no greater than 24 feet at the front property line in accordance with City
Ordinance Section 1107.207.
PASSED AND ADOPTED THIS 21ST DAY OF FEBRUARY, 2017.
_______________________________ Bryan Fleming, Commission Chair
ATTEST: _________________________________
Dan Rogness,
Community & Economic Development Director
VOTE Fleming Tieman Petersen Kallberg Ringberg
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
L O R D S S T N E
Q
U
A
K
E
R
T
R
L
N
E
E
D
I
N
B
O
R
O
U
G
H
A
V
N
E
Scott County GIS
Ü
15211 Edinborough Avenue NE Variance Location Map
LOWER PRIOR LAKEGD
(904)
MYSTICLAKE
NE
ARTICLAKE
NE(906.7)
Lower Prior Lake
Scott County GIS
SUBJECTPROPERTY
SUBJECTPROPERTY
C
O
N
C
E
P
T
U
A
L
F
L
O
O
R
P
L
A
N
C
O
N
C
E
P
T
U
A
L
F
L
O
O
R
P
L
A
N
C
O
N
C
E
P
T
U
A
L
F
L
O
O
R
P
L
A
N
E
X
A
M
P
L
E
O
F
C
O
N
C
E
P
T
U
A
L
S
T
R
U
C
T
U
R
E