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HomeMy WebLinkAbout4C 16879 Lime Road pc report agenda 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 17, 2017 AGENDA #: 4C 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 STRUCTURE SET- BACK FROM A TRIBUTARY CREEK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Arvid Jedlicka, the property owner, is requesting a variance from the minimum structure setback to the tributary creek in order to construct a detached accessory structure on a property located at 16879 Lime Road. The property is located along the tributary creek between Spring Lake and Upper Prior Lake, north of Spring Lake Road. The property currently contains a single family home. The following variance is requested: • A 12-foot variance from the minimum 75-foot minimum structure setback to a tributary creek (Section 1104.302 (3)) Regulation Minimum Proposed Variance Setback to Tributary Creek 75’ 63’ 12’ 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 1983. Current Circumstances The single family residential property is over 44,000 square feet and 105 feet in width. The applicant proposes to add a detached garage to the rear yard of the property for additional storage purposes. The existing split entry house has a footprint of approximately 700 square feet with an attached 420 square foot gar- age. Tributary Creek Setback: The proposed detached garage would be 63 feet from the nearest point of the tributary creek which wraps around the border of the west side yard and rear yard. The current house lies approximately 45 feet from the tributary creek. Conclusion The City Staff believes the variance requested is warranted due to the lot con- straints unique to the property and practical difficulties as stated in the findings in this report. The property has limited storage areas within the existing small house 2 and garage. The location of the tributary creek alongside two property lines cre- ates the practical difficulty. The Minnesota Department of Natural Resources (DNR) and local watershed district have both reviewed the application and they do not oppose the variance request. Therefore, the City Staff recommends ap- proval of the requested variance. 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 location of the tributary creek alongside the western and southern boundaries of the property. (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 variance 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 addition of the de- tached garage for additional storage purposes 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. The presence of the existing tributary creek at a distance of 45 feet to the current rear line of the house (constructed in 1983) creates a practical dif- ficulty for the property owner to add any building storage on the property. The small, existing 420 square foot garage does not allow reasonable stor- age for a typical single family home. (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 variance will not alter the essential character of the Lime Road neighborhood. There are other riparian properties in this area 3 with similar lot conditions and detached accessory structures in the rear yards, within 75 feet of the tributary creek. (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 variance would allow construction of a detached accessory structure which is an allowed accessory use within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variance re- quested for 16879 Lime Road with the listed conditions, or approve any vari- ance 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 6-7-17 4. Building Elevation dated 5-30-17 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC VARIANCE FROM THE MINIMUM STRUCTURE SETBACK FROM A TRIBUTARY CREEK 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 July 17, 2017, to consider a request from Arvid Jedlicka, the property owner, to approve a variance to allow the construction of a detached accessory structure located in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 16879 Lime Road SW, Prior Lake, MN 55372 Legal Description: That part of Lots 7, 8, 9 and 10, Block 26, plat of SPRING LAKE VILLAGE, Scott County, Minnesota, described as follows: Beginning at the Southwesterly corner of said Lot 7; thence Northeasterly along the northwesterly line of said Lot 7, a distance of 75.00 feet; thence Southeasterly parallel with the Southwesterly line of said Block 26, a distance of 200.00 feet to the Southeasterly line of said Lot 10; thence Southwesterly along Southeasterly line to the Southeasterly corner of said Lot 10; thence Northwesterly along the Southwesterly line of said Lots 7, 8, 9 and 10, a distance of 200.00 feet to the point of beginning. Together with: Lots 11 and 12, Block26, Spring Lake Village, Scott County, Minnesota according to the plat thereof on file and of record in the office of the County Recorder in and for Scott County, Minnesota. (PID 25-133-016-0) 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 #DEV17-001027 and held a hearing thereon on July 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 2 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 location of the tributary creek alongside the western and southern boundaries of the property. 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 variance 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 addition of the detached garage for additional storage purposes 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 tributary creek at a distance of 45 feet to the current rear line of the house (constructed in 1983) creates a practical difficulty for the property owner to add any building storage on the property. The small, existing 420 square foot garage does not allow reasonable storage for a typical single family home. 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 Lime Road neighborhood. There are other riparian properties in this area with similar lot conditions and detached accessory structures in the rear yards, within 75 feet of the tributary creek. 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 variance would allow construction of a detached accessory structure which is an allowed accessory use within the R-1 (Low Density Residential) Zoning District. 3 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow construction of a detached accessory structure in the R-1 (Low Density Residential) Zoning District: a. A 12-foot variance from the minimum 75-foot minimum structure setback to a tributary creek (Section 1104.302 (3)) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. The applicant shall grant a public easement for access to the tributary creek. PASSED AND ADOPTED THIS 17th DAY OF JULY, 2017. _______________________________ Dave Tieman, Commission Vice-Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ SPRING LAKE RD SW M O N R O E A V S W L I M E R D S W VALE CIR SW C R E E K V I E W C I R S W 3124 3020 16879 16863 31413111 3144 3019 3133 3160 3094 3091 3068 3165 2958 3040 3050 3070 16865 16851 3044 31472972 2986 3031 16861 3193 3160 3195 3013 16991 16921 16994 3020 170103063 16910 3051 3094 3009 17030 16880 3003 16863 16850 Spring Lake Upper Prior Lake Scott County GIS Ü 16879 Lime Road SW Variance Location Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CRYSTAL LAKENE(943.3) RICE LAKENE(945) CLEARY LAKENE CAMPBELLLAKENE(Not Estab.) Spring Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY