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Home My WebLink About4A AK Pizza height variance PC Report agenda 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 17, 2017 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTIION APPROVING A VARIANCE FROM THE MAXIMUM BUILDING HEIGHT RE- QUIREMENT OF A COMMERCIAL BUILDING LOCATED IN THE C-3, BUSINESS PARK ZONING USE DISTRICT DISCUSSION: Introduction The purpose of this public hearing is to consider a request from Port City Bakery, the property owner, for a variance from the required maximum building height in the C-3, Business Park Zoning Use District. The property of the variance request is located at the northeast corner of the Greystone Court cul-de-sac, north of Adelmann Street and south of County Hwy 21. The following variance is requested: • A 15-foot variance from the maximum 45-foot required building height in the C-3 Business Park Zoning District (Section 1102.1205) Regulation Maximum Proposed Variance Building Height 45’ 60’ 15’ History The property has recently been platted into a buildable lot with the Deerfield Indus- trial Park 10th Addition plat. A large manufacturing/warehouse/office building expan- sion is proposed to the property located at 5832 Industrial Lane SE. Current Circumstances The applicant is proposing to construct a 44,000-square foot addition to the existing 30,000-square foot building located at 5832 Industrial Lane SE. Subsection 1102.1205 of the Prior Lake Zoning Ordinance details the Dimensional Standards which apply to the C-3, Business Park Zoning District. The C-3 District has a maximum building height requirement of 45 feet or 4 stories, whichever is less. The applicant is proposing to construct a commercial building addition and is re- questing a variance to increase the maximum height requirement to 60 feet in the southwest corner of the warehouse to accommodate flour silo towers. The silo tow- ers will be enclosed within the overall building walls. The flour silos encompass an approximate area of 1,960 square feet (70’ x 28’) of the overall 35,000 square foot warehouse. The remaining areas of the warehouse and shipping/freezer facilities will meet the maximum building height of 45 feet. (These other areas range from 30 to 40 feet in overall height.) 2 The applicant has submitted a site plan application that is currently under review by City Staff. Building materials, site grading, landscaping, bufferyard requirements, lighting and other project specifications will be reviewed by City staff to ensure com- pliance with City Code requirements prior to issuance of permits. Conclusion The majority of the building (over 97% of the 74,000-square foot structure) will meet the required maximum building height. Less than 2,000 square feet of the building will exceed the 45 foot required maximum building height. The area of the increased height is located approximately 27 feet from the nearest property line. The required building setback in this side yard location is a minimum of 15 feet. City Staff believes the variance request is warranted due to the findings of fact listed in the Issues sec- tion of this report. Therefore, City Staff recommends approval of the variance re- quest with the following conditions: a. The variance resolution shall be recorded at Scott County. 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. The majority of the proposed building (over 97% of the structure) will meet the required maximum building height allowed by the City Ordinance. Only a 2,000 square-foot area will be above this maximum height limitation which allows for a reasonable use of the property. b) The granting of the Variance is 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 overall proposed commercial building design will fit with the surrounding business park proper- ties and enhance the aesthetic character and appearance of the Deerfield Industrial Park area. c) The granting of the variance 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 business park as the majority of the building (over 97% of the structure) will meet the required maximum building height as allowed by City Ordinance. 3 d) The granting of the Variance 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 C-3, Business Park Zoning Use District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving a 15-foot variance from the required 45-foot maximum building height in the C-3, Business Park 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 dated 6-15-17 3. Proposed Building Elevation dated 6-15-17 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC VARIANCE FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE C-3, BUSINESS PARK ZONING USE 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 Port City Bakery, the property owner, for a variance from the required maximum building height in the C- 3, Business Park Zoning Use District at the following property: Lot 1, Block 1, DEERFIELD INDUSTRIAL PARK TENTH ADDITION, according to the recorded plats thereof, Scott County, Minnesota; 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 #DEV17-001024 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. 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. The majority of the proposed building (over 97% of the structure) will meet the required maximum building height allowed by the City Ordinance. Only a 2,000 square-foot area 2 will be above this maximum height limitation which allows for a reasonable use 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 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 overall proposed commercial building design will fit with the surrounding business park properties and enhance the aesthetic character and appearance of the Deerfield Industrial Park area. c) 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 business park as the majority of the building (over 97% of the structure) will meet the required maximum building height as allowed by City Ordinance. d) 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 C-3, Business Park 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 addition in the C-3, Business Park Zoning Use District: a. A 15-foot variance from the maximum 45-foot required building height in the C-3 Business Park Zoning District (Section 1102.1205) 4. The variance is subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. PASSED AND ADOPTED THIS 17th DAY OF APRIL, 2017. _______________________________ Brian Fleming, Commission Chair ATTEST: _______________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ADE L M A N N S T S E EAGL E C R E E K A V S E CRED I T R I V E R R D S E INDU S T R I A L L N S E GRA Y S T O N E C T S E Ü 5832 Industrial Lane SE (Deerfield 10th Addn) VarianceLocation Map BLIND LAKE RD (948.7) MARKLEY LAKE RD ( ) CRYSTAL LAKE NE (943.3) RICE LAKE NE (945) HIGHWA Y 1 3 170TH ST SW CR 8 7 Spring Lake Cleary Lake SUBJECTPROPERTY SUBJECTPROPERTYSUBJECTPROPERTY