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Home My WebLink About4B 17098 Adelmann St SE Variance PC Report4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 11, 2017 AGENDA #: 4B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: PUBLIC HEARING: JEFF MATZKE YES AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION GRANTING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE I-1 (GEN- ERAL INDUSTRIAL) ZONING DISTRICT DISCUSSION: Introduction Dan Stanley and Larry Raasch, on behalf of SR Property Development LLC, have applied for a variance to allow for construction of a building on a site located at 17098 Adelmann Street, south of Cottonwood Lane and west of Greystone Court. For the proposed construction of this addition the following variance is required: A 15 foot variance from the minimum 30 foot front yard setback required in the I-1 District (Section 1102.1405). History ISSUES: In August 2014, the Planning Commission approved this same variance request. A year later in August of 2015 the variance approved was extended another year to August of 2016, however, the applicant did not pursue construction of the build- ing at that time. With plans to begin construction this fall, the applicant is reap- plying for the variance since it expired in August 2016. Current Circumstances The total site is approximately 1.5 acres. The applicant proposes a 11,200 square foot building with approximately 20,000 square feet of outdoor storage area on the site. The property is zoned I-1 (General Industrial) and guided I-PI (Planned Industrial) on the 2030 Comprehensive Plan Map. The applicant is proposing to construct the office/warehouse structure on the tri- angular-shaped site that would lie 15 feet from the front property line. All other setbacks, including side yards (10 feet) and rear yard setback (60 feet from resi- dential property) are proposed to be met. This project includes a request for a variance. 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 2 the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. The triangular shape of the site create a practical difficulty for the property owner. The rear yard minimum setback of 60 feet is large due to the adja- cent residential land use, which further restricts the net useable property. The radius turns to maneuver industrial equipment and utilize dock or un- loading areas in the limited buildable area of the triangular lot is problem- atic without shifting the building site forward on the lot to within 15 feet of the front property line, while maintaining the 60 feet rear yard setback dis- tance. (2) 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 purpose of the Zoning Ordinance is to “prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land sur- rounding them.” This purpose is implemented through required minimum setbacks. The proposed variance will allow for the use of the triangular- shaped property while maintaining the required rear setback of 60 feet from residential property. (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. Granting the variance will not merely serve as a convenience to the appli- cant, but rather is necessary to alleviate an undue hardship due to the tri- angular shape of the lot of record. (4) 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 existing character of the neighborhood. The 60-foot rear setback form residential property will be in compliance. The 15-foot front setback will still allow landscaping in the front yard. The building being constructed closer to Adelmann will not “crowd“ the street corridor, nor create any sight issues. Adelmann has a wide 80 foot right-of-way; a sidewalk is located on the south side with planted boulevard trees. The 100-foot building itself is only subject to the reduced setback (or 36% of the full lot width of 330 feet). Therefore, 64% of the lot width along Adelmann does not have any visual impact. (5) 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. 3 The requested construction is for an office/warehouse and storage use, which is an allowed use within the I-1 (General Industrial) Zoning District. Conclusion The strict application of the 30 foot minimum front yard setback creates a practical difficulty for the property owner to maintain a reasonable use on the property. City Staff agrees that triangular shape of the parcel and its adjacency to residen- tial property (with greater 60-foot setback requirement) creates a difficulty for ra- dius turns to maneuver industrial equipment and to utilize dock or unloading ar- eas in the limited buildable area of the triangular lot without shifting the building site forward on the lot. Based upon these findings in this report, staff recommends approval of the re- quested variances with the following conditions: 1. The variance shall be recorded at the Scott County Recorder’s Office. 2. The variance is subject to the issuance of required permits from all applicable governmental agencies. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance or any variance the Planning Commission deems appropriate in these circumstances. 2. Motion and a second to table and/or continue discussion of the item for spe- cific purpose. 3. Motion and a second to deny the variance because the Planning Commission finds a lack of demonstrated practical difficulties under the zoning code crite- ria. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Resolution 17-XXPC 2. Location Map 3. Site Plan dated August 22, 2017 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE I-1 (GENERAL INDUSTRIAL) 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 Dan Stanley and Larry Raasch on behalf of SR Property Development LLC to approve a variance from the minimum front yard setback to allow construction of an office/warehouse structure on a property in the I-1 (General Industrial) Zoning District at the following property: 17098 Adelmann Street SE, Prior Lake, MN 55372 Lot 1, Block 1, Deerfield Industrial Park 5th Addition, Scott County, Minnesota. (PID 25-444-001-0) 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 #DEV-2017-0035 and held a hearing thereon on September 11, 2017. 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 CITY COUNCIL 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. 2 The triangular shape of the site creates a practical difficulty for the property owner. The radius turns to maneuver of industrial equipment and utilizing dock or unloading areas in the limited buildable area of the triangular lot is problematic without shifting the building site forward on the lot to within 15 feet of the front property line, while maintaining the 60 feet rear yard setback distance. 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 purpose of the Zoning Ordinance is to “prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them.” This purpose is implemented through required minimum setbacks. The proposed variance will allow for the use of the triangular-shaped property while maintaining the required rear setback of 60 feet from residential property. 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. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to the triangular shape of the lot of record. d. 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 existing character of the neighborhood. The 60-foot rear setback form residential property will be in compliance. The 15-foot front setback will still allow landscaping in the front yard. The building being closer to Adelmann will not “crowd“ the street corridor, nor create any sight issues. Adelmann has a wide 80-foot right-of-way; a sidewalk is located on the south side with planted boulevard trees. The 100-foot building itself is only subject to the reduced setback (or 36% of the full lot width of 330 feet). Therefore, 64% of the lot width along Adelmann does not have any visual impact. e. 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 requested construction is for an office/warehouse and storage use which is an allowed use within the I-1 (General Industrial) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow a construction of an office warehouse building in the I-1 (General Industrial) Zoning District: a. A 15-foot variance from the required minimum 30-foot front yard setback (Section 1102.1405) 4. The variance is subject to the following conditions of approval: a. The variance shall be recorded at the Scott County Recorder’s Office. b. The variance is subject to the issuance of required permits from all applicable governmental agencies. 3 PASSED AND ADOPTED THIS 11TH DAY OF SEPTEMBER, 2017. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Petersen Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ADELMANN ST SE EAGLE CREEK AV SE CREDIT RIVER RD SE F A W N C T S E L I L A C L N S E COTTONWOOD LN SE G R A Y S T O N E C T S E Scott County GIS Ü 17098 Adelmann Street SEVariance Location Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) LOWER PRIOR LAKEGD(904) MYSTICLAKENE BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CRYSTAL LAKENE(943.3) RICE LAKENE(945) CLEARY LAKENE CAMPBELLLAKENE(Not Estab.) Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY