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Home My WebLink About4A 14138 Orchard Circle NE - Variance PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 5, 2017 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTI- ION APPROVING VARIANCES FROM THE MINIMUM SIDE YARD SETBACK AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Kevin and Jilleen Cade, the property owners, are requesting variances from the side yard setback and lot area to allow major remodeling of a home on a property located at 14138 Orchard Circle NE. The property is located along the northern shores of Lower Prior Lake, east of Conroy Street. The property currently con- tains a single family home. The following variance is requested with the proposed survey: • A 0.5-foot variance from the required minimum 5-foot side yard setback (Sec- tion 1101.502 (8)) • A 1,059 square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Section 1104.902 (1)) Regulation Minimum Proposed Variance Side Yard Setback 5’ 4.5’ 0.5’ Lot Area 7,500 sq. ft. 6,431 sq. ft. 1,059 sq. ft. 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 currently contains a single-family home which was constructed in 1957. Current Circumstances The single family residential property is 6,431 square feet and 50 feet in width. The applicant proposes to add a 2nd story addition to the single story (with base- ment walkout) structure. As part of the project the applicant indicates a reduction in the impervious surface from the project from the nonconforming 36.8% of the total lot area to a proposed conforming 29.3% impervious surface (the City Ordi- nance allows a maximum impervious surface amount of 30% of the total lot area). Side Setback: The applicant proposes to complete a major remodel to the ex- isting house footprint along with a 2nd story addition on the existing footprint. The City Ordinance does not allow a setback less than 5 feet to the side property line. 2 The applicant does not propose any expansion of the existing footprint of the structure towards the side property (the existing structure is already 4.5 feet from the side property line). Lot Area: While the Shoreland Ordinance does dictate a lot to be a minimum of 7,500 sq. ft. in size and 50 feet in width for development of the property into a single-family dwelling, this property currently contains a single-family structure and has been valued and assessed as a buildable lot for single family dwelling purposes for many years as a 6,431-square foot lot. The result of denying a single-family dwelling use upon the property could result as a legal taking from the property. Conclusion The City Staff believes the variances requested are warranted due to the lot con- straints unique to the property and practical difficulties as stated in the findings in this report. The side yard setback is proposed be maintained as the existing 4.5- foot setback situation. The major remodel will not intensify the footprint of the existing home but rather will only intensify the height of the structure. Therefore, the City Staff recommends approval of the requested variances. 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 includ- ing the nonconforming narrow lot width and small lot area. (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 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 major remodel of this residential house is in harmony with these purposes and policies. (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. 3 The presence of the existing home (constructed in 1957) within 5 feet of the property creates a practical difficulty for the property owner to add a 2nd story to the existing footprint 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 Orchard Circle NE neighborhood. There are other riparian properties in this area with similar lot conditions. (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 the variances re- quested for 14138 Orchard Circle 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 5-8-17 4. Building Elevation dated 4-25-17 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC VARIANCES FROM THE MINIMUM SIDE YARD SETBACK AND MINIMUM LOT AREA 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 June 5, 2017, to consider a request from Kevin Cade, property owner, to approve variances to allow major remodeling of a single-family dwelling located in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14138 Orchard Circle NE, Prior Lake, MN 55372 Legal Description: A tract of land in Government Lot 1, Section 30, Township 115, Range 21, Scott County, Minnesota described as follows: starting at the Northeast corner of said Government Lot 1 and running thence South on the 1/16th line, 1000 feet; thence South 82°30’ West 200 feet; thence South 55°30’ West 180 feet; thence South 69°56’ West 128.2 feet to the Northeast corner of a lot to be conveyed; thence South 60° West 90 feet; thence South 30° East 120 feet more or less to the Water’s Edge of Prior Lake; thence Easterly 100 feet more or less along said Water Edge to its intersection with a line drawn South 30° East from said Northeast corner of the lot to be conveyed; thence North 30° West 145 feet more or less to the point of beginning, excepting the Easterly 40 feet thereof. Together with an easement for a road over and across a tract of land lying and being in the County of Scott, State of Minnesota, described as follows: Beginning at the Northeast corner of Government Lot 1 of Section 30, Township 115, Range 21; thence South 1000 feet along the East line of said Government Lot 1; thence South 82°30’ 200 feet; thence South 55°30’ West 180 feet; thence South 69°56’ West 128.2 feet to the actual point of beginning of the tract of land to be hereinafter described; thence North 30° West 18 feet; thence South 60° West 90 feet; thence North 30° West 126.2 feet to the public road; thence South 63° West 25 feet along the Southerly line of the public road; thence at an angle of 93° with the last described line 126.2 feet thence South 60° West 105 feet; thence South 30° East 18 feet; thence North 60° East 220 feet to the aforesaid actual point of beginning of the tract of land herein described. (PID 25-930-048-0) 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 2 WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV17- 001016 and held a hearing thereon on June 5, 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: 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 nonconforming narrow lot width and small lot area. 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 major remodel of this 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 the existing home (constructed in 1957) within 5 feet of the property creates a practical difficulty for the property owner to add a 2nd story to the existing footprint 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 Orchard Circle NE neighborhood. There are other riparian properties in this area with similar lot conditions. 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 major remodeling of a house in the R-1 (Low Density Residential) Zoning District: a. A 0.5-foot variance from the required minimum 5-foot side yard setback (Section 1101.502 (8)) 3 b. A 1,059 square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Section 1104.902 (1)) 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. PASSED AND ADOPTED THIS 5th DAY OF JUNE, 2017. _______________________________ Brian Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ SH A D Y B E A C H T R L N E O R C H A R D C I R N E 14120 14187 14126 14144 14194 14132 14215 14183 14138 14185 14220 14174 14185 Lower Prior Lake Scott County GIS Ü 14138 Orchard Circle NE Variance Location Map LOWER PRIOR LAKEGD (904) PIKELAKE NE(820.5) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY