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Home My WebLink About4A 15780 Skyline Ave NW Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: DECEMBER 18, 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 DENYING A VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Richard and Carol Schirber, property owners and applicants, are requesting a variance from the lake setback to allow the construction of a screen porch with upper level deck onto a residence located at 15780 Skyline Avenue NW . The property is located along the northern shores of Lower Prior Lake (east side of Crystal Cove (Mud Bay)). The property currently contains a single-family dwelling with an existing lakeside deck. Due to setback averaging, the lake setback for this property is 55 feet due. The following variance is requested with the pro- posed survey: • A 4-foot variance from the required minimum 55-foot lake setback (Section 1104.308 (2)) Regulation Minimum Proposed Variance Lake Setback from Ordinary High Water Mark (average of two adjacent residences within 150’) 55’ 51’ 4’ History The property is zoned R-1 SD (Low Density Residential Shoreland), 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 with an attached 2-car garage and approximately 470 square foot deck. The existing deck was constructed in the mid-late 1980’s and is approximately 30 feet from the Ordinary High Water Mark. Current Circumstances The single family residential property is 17,850 square feet and approximately 112 feet wide in the area of the proposed addition. The applicants are proposing to add a screen porch with an upper level deck to the residence. The applicants purchased the property in 2016 and are making improvements to the residence prior to occupying. 2 This dwelling has a basement walkout; therefore, the screen porch would be ac- cessed off the main level of the home with the proposed upper level deck ac- cessed from the upper level master bedroom. The applicants are proposing to remove an existing main level window and install a patio door to access the screen porch. A single swing door is proposed to be installed to provide access from the master bedroom to the upper level deck. Prior to submitting the variance application, the applicants met with staff to dis- cuss the requirements and possible alternatives. Options discussed included shifting the proposed addition 4 feet back to meet the 55-foot setback thereby eliminating the need for a variance as well as eliminating the upper level deck to eliminate door and furniture placement concerns on the master bedroom wall. With the proposed addition, the impervious surface for the property would be sig- nificantly less (21.6%) than the maximum allowed (the City Ordinance allows a maximum impervious surface amount of 30% of the total lot area). The DNR Area Hydrologist reviewed the request and commented that prior to the issuance of any building permit for an addition to the house, plans should be submitted showing the proposed footing(s) are out of the floodplain. Conclusion City Staff agrees with the applicant that the proposed screen porch and upper level deck is an added amenity to the home; however, the proposed screen porch and upper level deck could be constructed in a conforming location on the prop- erty simply by moving the addition 4 feet further away from the lake. Moving the addition 4 feet further from the lake would result in a 55-foot setback which is 20 feet closer to the lake than the required lake setback due to setback averaging. While the request is not outrageous, the applicants have reasonable use of the property today with the residence and existing deck with lake views. Therefore, the City Staff recommends denial of the requested variance. ISSUES: 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 the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. There are no practical difficulties in complying with the strict terms of the Ordinance. This residential property has an approximate 2,000 +/- square foot home with an attached 2-car garage and approximate 470 square foot deck. The proposed addition could be constructed in a conforming location on 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. 3 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 proposed screen porch and upper level deck could be constructed in a conforming location on the property at the 55-foot setback which would be 20 feet closer to the lake than the required lake setback due to setback averaging. (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. There is not a practical difficulty associated with this request. The circum- stances surrounding this request are a result of the applicants’ preference. The proposed screen porch and upper level deck could be constructed in a conforming location while maintaining views of the water. (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 Skyline Ave neighborhood as screen porches are reasonable additions to residences. Upon review of the neighborhood, most residences have decks with lake views. Very few have decks with lake views in addition to screen porches. (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 an addition to an existing residential dwelling which is an allowed use within the R-1 SD (Low Density Residential Shoreland) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution denying the variance requested for 15780 Skyline Ave NW because the Planning Commission finds a lack of demonstrated practical difficulties under the zoning code criteria. 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 approve the variance with findings of fact and direct Staff to prepare a resolution for consideration at the next Planning Commis- sion meeting. RECOMMENDED MOTIONS: Alternative #1. 4 ATTACHMENTS: 1. Resolution 2. Location Map 3. Applicant Narrative dated 11-15-2017 4. Proposed Survey dated 11-15-17 5. Elevation Sketch 6. Photos of Existing Residence 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC DENYING A VARIANCE FROM THE MINIMUM LAKE SETBACK 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 December 18, 2017, to consider a request from Richard and Carol Schirber to approve a variance to allow for the addition of a screen porch and upper level deck onto a single-family dwelling located in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 15780 Skyline Drive NE, Prior Lake, MN 55372 Legal Description: Lot 1, Block 5, ISLAND VIEW 1ST ADDITION (PID 251430640); 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 #DEV17-001038 and held a hearing thereon on December 18, 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, 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: (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 no practical difficulties in complying with the strict terms of the Ordinance. This residential property has an approximate 2,000 +/- square foot home with an attached 2-car garage and approximate 470 square foot deck. The proposed addition could be constructed in a conforming location on the property. 2 (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 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 proposed screen porch and upper level deck could be constructed in a conforming location on the property at the 55-foot setback which would be 20 feet closer to the lake than the required lake setback due to setback averaging. (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. There is not a practical difficulty associated with this request. The circumstances surrounding this request are a result of the applicants’ preference. The proposed screen porch and upper level deck could be constructed in a conforming location while maintaining views of the water. (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 variances will not alter the essential character of the Skyline Ave neighborhood as screen porches are reasonable additions to residences. Upon review of the neighborhood, most residences have decks with lake views. Very few have decks with lake views in addition to screen porches (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. The requested variance would allow an addition to an existing 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 denies the following variance to allow an addition of a screen porch and upper level deck onto a single-family residential dwelling in the R-1 (Low Density Residential) Zoning District: a. A 4.0-foot variance from the minimum 55.0-foot structure setback from the ordinary high-water mark (OHWM) of Prior Lake. (Section 1104.308 (2)). PASSED AND ADOPTED THIS 18th DAY OF DECEMBER 2017. Bryan Fleming, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Fleming Kallberg Ringstad Tieman Tschetter Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ S K Y L I N E A V N W HIGHLAND AV NW Upper Prior Lake Scott County GIS Ü 15780 Skyline Avenue NW Variance Location Map UPPER PRIOR LAKEGD(904) LOWER PRIOR LAKEGD(904) MYSTICLAKENE BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CAMPBELLLAKENE(Not Estab.) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY November 15 2017 Variance Application – 15780 Skyline Ave NW – Richard and Carol Schirber Dear Planning Commission Members, We are seeking permission to enhance the property with a two level screen porch and deck. We are asking to position the structure at a 51 foot setback from the lake. We initially hoped to put the deck on the lakeside of the house. Bob Hutchins informed us of the regulations and suggested we look at the north side of the house for the structure. Bob asked for a new survey and an engineer’s drawing of the structure. We complied and both drawings are in the packet with this letter. In November 2017, after brainstorming other options with Amanda Schwabe and Bob Hutchins, we decided to seek a variance to build the structure as reflected in the drawing. We are asking for the variance based on: • Moving the deck back 4 feet (55 ft. is the average setback of the two closest neighbors) would impact reasonable use of the master bedroom by forcing us to cut an access door in a location on the bedroom wall that will make that wall useless for bed placement. The bedroom wall is only 160 inches wide. • The requested location is the only spot to build a screen porch, accessible from inside the house that would have lake views. Lakeside screened in porches and decks are very common in the neighborhood and around Prior Lake. • No trees will need to be removed. And there will be very little disruption to the ground surface other than to place two or three footings. Thank you for your time and consideration. Sincerely, Richard and Carol Schirber Photos from Site Inspection at 15780 Skyline Ave NW on 12/8/2017 View from street Rear of home and existing deck NW side of Residence