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HomeMy WebLinkAbout4B 21 - Duluth PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 17, 2017 AGENDA #: 4B PREPARED BY: PRESENTED BY: CASEY McCABE, COMMUNITY DEVELOPMENT SPECIALIST CASEY McCABE AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTIION APPROVING A HEIGHT VARIANCE FROM 25 FEET TO 20 FEET ON A ONE STORY COMMERCIAL BUILDING LOCATED IN THE TC, TOWN CENTER ZON- ING USE DISTRICT DISCUSSION: Introduction The purpose of this public hearing is to consider a request from Greystone Con- struction for a 5-foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). The variance would decrease the minimum building height requirements from 25 feet to 20 feet to allow construction of a one story commercial building located at the southwest corner of the CH21 and Duluth Avenue intersection. History The property is zoned TC, Town Center and is currently vacant. Current Circumstances The applicant is proposing to construct a 12,056-square foot commercial building which will be occupied by three to four businesses. Subsection 1102.806 of the Prior Lake Zoning Ordinance details the Dimensional Standards which apply to the TC, Town Center Use District. The TC District has a minimum building height requirement of 25 feet or two stories. The applicant is proposing to construct a one story commercial building and is requesting a variance to reduce the minimum height requirement to 20 feet to match the lowest proposed exterior wall height. The proposed elevation includes varying wall heights with 47% of the exterior wall measuring 20’ tall; 12% of the exterior wall measuring 23’ tall; 20% of the exterior wall measuring 25’ tall; and 21% of the exterior wall measuring 29’-6” tall, for an average building height of 23’-4”. Conclusion The current height of downtown buildings varies from one to three stories. The min- imum building height of 25 feet or two stories in the Zoning Ordinance is intended to create a desirable pedestrian environment and is based on the building height rec- ommendation in the 2007 Downtown Building Design Guidelines. The Downtown Building Design Guidelines state, “A sense of enclosure is a desira- ble condition that can be created by appropriately scaled development in relation to the width of the street. This condition creates the perception of an ‘outdoor room’ that is framed by the facades of abutting architecture. This enhances and supports the pedestrian environment and creates a backdrop for the collective experience on 2 the street.” The Downtown Design Guidelines go on to state buildings and projects should be the tallest and most robust fronting on Main Avenue. Buildings may step down in scale as development occurs further away from primary streets and road- ways and abuts existing residential development. Although staff agrees two and three-story building heights contribute to the down- town feel within the core of the downtown area, this may not be a necessary require- ment at the Duluth Avenue / CH21 intersection because of the surrounding street network and residential properties. City Staff believes the variance request is warranted due to the distance between this property and the core downtown area, as well as the proximity to single-family residential properties. Staff recommends approval of the variance request with the following conditions: a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Develop- ment Department prior to the issuance of a building permit. b. The exterior wall shall be constructed to a minimum average height of 23 feet. c. The building design shall substantially conform with the exterior elevations prepared by Mohagen Hansen Architecture and submitted with the variance application as Plan A300. ISSUES: 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: 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. This property is a unique Town Center property because of its location away from the core downtown area and proximity to residential properties. This property is not located near municipal off-street parking lots and on-street parking is not available in the immediate area. A second story would require additional off-street parking which is not possible due to insufficient land area. The property will be used in a reasonable manner. 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 pur- poses 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” and “enhance the aesthetic character and appearance of the City.” The proposed one-story building design will fit with the surrounding residential properties and enhance the aesthetic character and appearance of the downtown area. 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. 3 This property is a unique Town Center property because of its location away from the core downtown area and its proximity to residential properties. The proposed one-story design and varying wall heights will complement the sur- rounding residential neighborhood. 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 essential character of the neighborhood as the subject property is zoned TC, Town Center Use District and construction of a commercial building is an appropriate use for this property. The proposed building design with varying wall heights will complement the surrounding residential neighborhood. 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 proposed construction of a commercial building is an allowed use within the TC, Town Center Zoning Use District. The applicant also intends to request the Planning Commission consider a request for additional variances related to floor area ratio and minimum side yard setback requirements. Staff anticipates those requests will be reviewed by the Planning Commission in May, 2017. Building materials, site grading, landscaping, bufferyard requirements, lighting and other project specifications will be reviewed by City staff to ensure compliance with City Code requirements prior to issuance of permits. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the 5-foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use District 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 pur- pose as directed by the Planning Commission. 3. Motion and a second to deny the variance request because the Planning Com- mission finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Location Map 2. Proposed Site Plan 3. Proposed Building Elevation 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC VARIANCE FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE TC, TOWN CENTER ZONING USE DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on April 17, 2017, to consider a request from Greystone Construction for a 5-foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use District at the following property: All that part of the North Half of Section 2, Township 114, Range 22, in the Village of Prior Lake, Scott County, Minnesota described as follows: Beginning at a point on the west line of Block 16 in said Village of Prior Lake, 145 feet North of the southwest corner thereof; thence west 347.7 feet to the northwest corner of Lot 2, Block 2, West Side Add’n; thence north on an extension of the west line of Lot 2, Block 2, West Side Add’n, 215 feet to the southerly right-of-way of the C. M. St. P. & PP. RR.; thence easterly along said right-of-way 360 feet more or less to the intersection with the west line of Block 16; thence south 126.1 feet to the point of beginning. (PID 259021270); and 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 #DEV17-001009 and held a hearing thereon on April 17, 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 OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: 2 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. This property is a unique Town Center property because of its location away from the core downtown area and proximity to residential properties. This property is not located near municipal off-street parking lots and on-street parking is not available in the immediate area. A second story would require additional off-street parking which is not possible due to insufficient land area. The property will be used in a reasonable manner. 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” and “enhance the aesthetic character and appearance of the City.” The proposed one-story building design will fit with the surrounding residential properties and enhance the aesthetic character and appearance of the downtown area. 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. This property is a unique Town Center property because of its location away from the core downtown area and its proximity to residential properties. The proposed one-story design and varying wall heights will complement the surrounding residential neighborhood. 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 essential character of the neighborhood as the subject property is zoned TC, Town Center Use District and construction of a commercial building is an appropriate use for this property. The proposed building design with varying wall heights will complement the surrounding residential neighborhood. 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 proposed construction of a commercial building is an allowed use within the TC, Town Center Zoning Use District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow construction of a commercial building in the TC, Town Center Zoning Use District: a. A 5-foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). 3 4. The variance is 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. The exterior wall shall be constructed to a minimum average height of 23 feet. c. The building design shall substantially conform with the exterior elevations prepared by Mohagen Hansen Architecture and submitted with the variance application as Plan A300. PASSED AND ADOPTED THIS 17th DAY OF APRIL, 2017. _______________________________ Brian Fleming, Commission Chair ATTEST: _______________________________ Jeff Matzke, Planner VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ COLORADO ST SE DAKOTA ST SE EAGLE CREEK AV SE D U L U T H A V S ERACINE S T S E Scott County GIS Ü 21 & Duluth Height Variance Location Map UPPER PRIOR LAKE GD (904) SPRING LAKE GD (912.8) LOWER PRIOR LAKE GD (904) MYSTIC LAKE NE BLIND LAKE RD(948.7) ARTIC LAKE NE(906.7) MARKLEY LAKE RD( ) HOWARD LAKE NE (957.3) CRYSTAL LAKE NE (943.3) RICE LAKE NE (945) CLEARY LAKE NE CAMPBELL LAKE NE(Not Estab.)Spring Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY