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HomeMy WebLinkAbout4B 21 & Duluth Variance Report sw 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 15, 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 VARIANCE FROM THE MAXIMUM SIDE YARD SETBACK OF 10 FEET, A VARIANCE FROM THE MAXIMUM FRONT YARD SETBACK OF 10 FEET AND A VARIANCE FROM THE MINIMUM FLOOR AREA RATIO OF 0.5 TO CONSTRUCT A ONE STORY COMMERCIAL BUILDING LOCATED IN THE TC, TOWN CENTER ZONING USE DISTRICT DISCUSSION: Introduction The purpose of this public hearing is to consider a request from Greystone Con- struction for a variance from the 10-foot Maximum Side Yard Setback on both sides of a proposed building; a variance from the 10-foot Maximum Front Yard Setback; and a variance from the Minimum Floor Area Ratio of 0.5 in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). The variances would allow a one-story commercial building located at the southwest corner of the CH21 and Duluth Avenue intersection. (PID: 259021270) History On April 17, 2017, the Planning Commission approved a resolution approving a 5- foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use District for this property. Current Circumstances The applicant is proposing to construct a 12,373-square foot commercial building which will be occupied by three to four businesses. The property is zoned TC, Town Center and is currently vacant. 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 maximum front yard building setback of 10 feet, a maximum side yard setback of 10 feet and a minimum floor area ratio of 0.5. The applicant is proposing to construct a one story commercial building and is requesting variances from the maximum front and side yard setbacks as well as the minimum floor area ratio. The applicant is proposing a front yard setback of 12.1 feet, a side yard setback on the west side of the property of 12.1 feet at the building’s closest point to the property line and 26.9-feet at the building’s furthest point from the property line, a side yard setback on the east side of the property of 63.5 feet at the building’s closest point to the western boundary of the Duluth Avenue easement and 78.1 feet at the building’s furthest point from the western boundary of the Duluth Avenue easement. The prop- erty has a buildable area of 44,880 square feet and the applicant is proposing to construct a 12,373-square foot building for a total floor area ratio of 0.28. 2 The east property line of this parcel extends across Duluth Avenue; however, the eastern 73 feet of the parcel is covered by a street and utility easement. The western line of this easement was used to determine the eastern side yard setback meas- urements and total buildable area. Conclusion Although the maximum building setbacks and floor area ratio requirements in the Zoning Ordinance contribute to a greater amount of building square footage and the overall downtown feel, the subject property is not a ‘traditional’ downtown property in the TC, Town Center Use District. The build to line standards and increased building footprint may not be necessary or desired at the Duluth Avenue / CH21 intersection. City staff believes the requested variances are warranted due to the distance between this property and the core downtown area and the visibility and safety concerns related to the surrounding street network. There is a need at the Duluth Ave. / CH21 intersection for an increased setback for traffic visibility/safety and the development will need to provide off-street parking for employees and cus- tomers because of the distance from municipal parking lots and the lack of on-street parking in the immediate area. 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. 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 increase the floor area ratio; however, a second story would also 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 building design will fit with the surrounding residential properties and enhance the aes- thetic 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 building setback variances will result in increased traffic visibility at the CH21 / Duluth Avenue intersection. 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. 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. ALTERNATIVES: 1. Motion and a second to approve a resolution approving a variance from the 10- foot Maximum Side Yard Setback, a variance from the 10-foot Maximum Front Yard Setback and a variance from the Minimum Floor Area Ratio of 0.5 in the TC, Town Center Zoning Use District. 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 requests 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 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC VARIANCE FROM THE MAXIMUM SIDE YARD SETBACK OF 10 FEET, THE MAXIMUM FRONT YARD SETBACK OF 10 FEET AND THE MINIMUM FLOOR AREA RATIO OF 0.5 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 May 15, 2017, to consider a request from Greystone Construction for a variance from the required 10-foot Maximum Front Yard Setback, a variance from the required 10-foot Maximum Side Yard Setback and a variance from the Minimum Floor Area Ratio of 0.5 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 vie ws and objections related to the variance request; and WHEREAS, The Planning Commission has reviewed the application for the var iances as contained in Case #DEV17-001009 and held a hearing thereon on May 15, 2017; and WHEREAS, The Planning Commission has considered the effect of the proposed variances 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 variances on the Comprehensive Plan. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 2 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. This property is a unique Town Center property because of its location away from the core downtown area. 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 increase the floor area ratio; however, a second story would also 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 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 building setback variances will result in increased traffic visibility at the CH21 / Duluth Avenue intersection. 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. 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 variances to allow construction of a commercial building in the TC, Town Center Zoning Use District: a. A 2.1-foot variance from the required 10-foot Maximum Front Yard Setback in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). 3 b. A 68.1-foot variance from the required 10-foot Maximum Side Yard Setback from the western boundary of the Duluth Avenue easement in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). c. A 16.9-foot variance from the required 10-foot Maximum Side Yard Setback from the western property line in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). d. A 0.22 Floor Area Ratio variance from the required 0.5 Minimum Floor Area Ratio requirement to allow a 0.28 Floor Area Ratio in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). 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 Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 15th DAY OF MAY, 2017. _______________________________ Brian Fleming, Commission Chair ATTEST: _______________________________ Casey McCabe, Community Development Director 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