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Home My WebLink About4A 3844 Green Heights Trail SW Variance PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 11, 2017 AGENDA #: 4A PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER AMANDA SCHWABE AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTI- ION APPROVING VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE SETBACK, SUM OF THE SIDE YARDS, BUILDING SEPARATION AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Darin Wampler and Laura Horne are requesting variances from the minimum lot area, minimum structure setback from the Ordinary High Water (OHW) elevation, sum of the side yards, building separation, and the maximum impervious surface requirement to allow the expansion of a non-conforming structure on property located at 3844 Green Heights Trail SW . The property is located along the south- ern shores of Upper Prior Lake, west of Dunkirk Avenue SW . The property con- tains a single-family home that is a single story (with basement walkout) structure. The following variances are requested with the proposed survey: • A 172-square foot variance from the minimum 7,500 square foot lot area re- quired for a non-conforming lot of record in the Shoreland Overlay District) (Section 1104.902 (1)) • A 12.5-foot variance from the required minimum 64.5-foot structure setback average from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) • A 2.9-foot variance from the required sum of the side yards (Section 1101.502 (7)) • A 3.6-foot variance from the required building separation (Section 1101.502 (7)) • A 8.9% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland Overlay District (Section 1104.306) Regulation Minimum Proposed Variance Lot Area (Shoreland, Non-Conforming) 7,500 SF 7,328 SF 172 sq. ft. Lake Setback (averaging allowed, 2 adjacent lots) 64.5’ 52’ 12.5’ Sum of the Side Yards 15’ 12.1’ 2.9’ Building Separation 15’ 11.4’ 3.6’ Maximum Impervious Surface 30% max. 38.9% 8.9% 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 is 2 in the Shoreland Overlay District of Upper Prior Lake and contains a single-family home which was constructed in 1955. Current Circumstances The property is 7,328 square feet with a residence which is considered legal, non- conforming as it does not meet City Code requirements related to lot size, side yard and OHW setbacks or maximum impervious surface. The rear yard and back of the existing residence are also located within a bluff setback area. The applicants are requesting to convert the existing 1-car garage into living space and add a 2-car garage, additional main floor living space and a second story master bedroom. Lot Area: The lot area of the subject property is 7,328 square feet. While the Shoreland Ordinance does require a lot to be a minimum of 7,500 square feet in size for development of a property into a single-family dwelling, this property has been in existence with a single-family residence since 1955 and has been valued and assessed as a buildable lot for single family dwelling purposes for many years as a 7,328-square foot lot. Lake Setback: The closest point of the structure to the lake is the existing deck at 52 feet from the 904 elevation. City Code Section 1104.308 (2) allows the use of the average setback of the two adjacent principal structures from the OHW or 50 feet, whichever is greater. The average lake setback of the two adjacent res- idences is 64.5 feet. The proposed second story master bedroom meets the set- back. Sum of the Side Yards: The existing residence has a setback of 2.1 feet on the west and 10 feet on the east totaling 12.1 feet. City Code Section 1101.502 (7) requires the combination of both side yard setbacks to be a minimum of 15 feet for non-conforming lots of record in the R-1 Use District. The sum of the side yards will meet this requirement in the area of the proposed addition. Building Separation: The proposed addition will extend the existing garage wall a distance of 3.79 feet at the current setback of 3.8 feet to the westerly property line. The proposed addition then jogs inward increasing the side yard setback to 7-7.9 feet for the remainder of the structure. City Code Section 1101.504 (7) allows non-conforming lots in the R-1 Use District to have a minimum of a 5-foot side yard setback provided a minimum separation of 15 feet is maintained be- tween all structures. The proposed building separation is 11.4 feet. Impervious Surface: The total impervious surface on the property is 40.3%. Staff met on site with the applicants to review the proposal and to discuss reduc- ing the impervious surface on the property further than the 0.8% reflected on the survey dated July 26, 2017. In response, the applicants are proposing to also narrow the width of the driveway by approximately 4 feet as it approaches the street, which results in an additional reduction of approximately 40 square feet. With the narrowing of the driveway, the total impervious surface area of the prop- erty would be 38.9% which is a 1.4% reduction in total impervious. The City Code allows a maximum impervious surface amount of 30% of the total lot area. 3 Conclusion This property and existing residence are legal, non-conforming as they existed prior to the adoption of the City Code. The proposed additions will be expanding the non-conformity and extending the useful economic life of the structure. Therefore, variances are necessary to bring the property into compliance. 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 lake setback will not be changing with the proposed additions as the pro- posed second level master bedroom meets the required lake setback. The pro- posed side yard setbacks are consistent with other structures in the neighbor- hood. A majority of the new impervious surface will be placed in locations where impervious surfaces existed previously including: driveway, gravel parking pad and front patio and will ultimately be reducing the total impervious on the property with this project. Therefore, the City Staff recommends approval of the requested variances with the following conditions: ➢ The variance resolution shall be recorded at Scott County. ➢ Building Permit shall be obtained from the Building Department prior to the commencement of construction. ➢ Submit revised survey reflecting an additional 40 square foot reduction in total impervious surface. 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. The existing home is approximately 1,000 square feet in size. The proposed additions will result in an approximately 2,300 sq. ft. resi- dence with a 2-car garage, which is reasonable. (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 remodel of this res- idence is in harmony with these purposes and policies. 4 (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. Due to the minimal lot size and bluff area along with the current placement of the existing home within the side yard and lake setback creates a prac- tical difficulty for the property owner to modify the residence without vari- ances. (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 Green Heights Trail neighborhood. There are other riparian properties in this corridor with similar lot sizes and widths that have 2-story homes with 2-car garages and reduced setbacks. (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 the expansion 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 3844 Green Heights Trail SW with the listed conditions, or ap- prove any variance the Planning Commission deems appropriate in the cir- cumstances. 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 7-26-17 4. Building Elevation dated 8-3-17 5. Letters of Support from Adjacent Property Owners 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE SETBACK, SUM OF THE SIDE YARDS, BUILDING SEPARATION, AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on September 11, 2017, to consider a request from Darin Wampler and Laura Horne, to approve variances to allow the expansion of a non-conforming single-family dwelling located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 3844 Green Heights Trl SW, Prior Lake, MN 55372 Legal Description: Lot 8, Green Heights, Scott County, Minnesota (PID 25-094-007-0) 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- 001033 and held a hearing thereon on September 11, 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. The existing home is approximately 1,000 square feet in size. The proposed additions will result in an approximately 2,300 square foot residence with a 2-car garage, which is reasonable. 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. 2 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 remodel of this residence 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. Due to the minimal lot size and bluff area along with the current placement of the existing home within the side yard and lake setback creates a practical difficulty for the property owner to modify the residence without 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 Green Heights Trail neighborhood. There are other riparian properties in this corridor with similar lot sizes and widths that have 2-story homes with 2-car garages and reduced setbacks. 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 the expansion of a residential dwelling which is an allowed use within the R-1 SD (Low Density Residential Shoreland) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow the expansion of a non-conforming house in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 172-square foot variance from the minimum 7,500 square foot lot area required for a nonconforming lot of record in the Shoreland Overlay District (Section 1104.902 (1)) b. A 12.5-foot variance from the required minimum 64.5-foot structure setback average from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) c. A 2.9-foot variance from the required sum of the side yards (Section 1101.502 (7)) d. A 3.6-foot variance from the required building separation (Section 1101.502 (7)) e. A 8.9% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland Overlay District (Section 1104.306) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. Building Permit shall be obtained from the Building Department prior to the commencement of construction. c. Submit revised survey reflecting an additional 40 square foot reduction in total impervious surface. PASSED AND ADOPTED THIS 11th DAY OF SEPTEMBER 2017. _______________________________ Brian Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ R O O S E V E L T S T S W G R E E N H E I G H T S T R L S W D U N K I R K A V S W Upper Prior Lake Scott County GIS Ü 3844 Green Heights Trail SW Variance Location Map UPPER PRIOR LAKEGD (904) SPRING LAKEGD (912.8) BLINDLAKE RD(948.7) ARTICLAKE NE(906.7) MARKLEYLAKE RD( ) HOWARD LAKENE (957.3) CRYSTAL LAKENE (943.3) Spring Lake Upper Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY