HomeMy WebLinkAbout4B 16323 Main Avenue SE Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: DECEMBER 18, 2017
AGENDA #: 4B
PREPARED BY:
PRESENTED BY:
CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
CASEY MCCABE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTIION APPROV-
ING A HEIGHT VARIANCE FROM 25 FEET TO 17 FEET ON A ONE STORY COM-
MERCIAL BUILDING AT 16323 MAIN AVENUE SE, LOCATED IN THE TC, TOWN
CENTER USE DISTRICT
DISCUSSION: Introduction
The purpose of this public hearing is to consider a request from PLate on Main, LLC
for an 8-foot variance from the required 25-foot Minimum Height in the TC, Town
Center Use District (Subsection 1102.806, Dimensional Standards). The variance
would decrease the minimum building height requirements from 25 feet to 17 feet to
allow construction of a one story commercial building.
History
The property is zoned TC, Town Center Use District. The site is currently vacant.
The property had been occupied by a single-family residential structure, which was
demolished the week of December 4, 2017.
Current Circumstances
The applicant is proposing to construct a 3,500-square foot restaurant with a 725-
square foot patio on the property.
Subsection 1102.806 of the Prior Lake Zoning Ordinance details the Dimensional
Standards which apply to the TC, Town Center Use District. The TC District has a
minimum building height requirement of 25 feet or two stories. The applicant is
proposing to construct a one story commercial building and is requesting a variance
to reduce the minimum height requirement to 17 feet.
The current height of downtown buildings varies from one to three stories. Along
the east side of south Main Avenue, the exterior wall heights are all one story and
vary from 16 feet to approximately 20 feet.
Conclusion
The applicants have indicated a building height of 14 feet is all that is necessary for
their operation; however, they have added a three-foot parapet to the building to
bring the height of the building closer to the zoning ordinance standards.
The proposed height of the building on the Main Avenue elevation is 17 feet and
works well for the building aesthetics on a corner lot with a complex grade. The 17-
foot height increases to approximately 18.5 feet along the Pleasant Street elevation.
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The rear portion of the building will be constructed to a height of 13 feet. There is
an approximate 20-foot drop from the southeast corner of the brick portion of the
building to the grade level at the southeast corner of the lot. Therefore, the building
will have considerable mass from multiple perspectives. At a height of 17 feet, the
building will fit in well with the other buildings along south Main Avenue which are a
blend of single-story structures. The autobody shop immediately adjacent to the
north is approximately 16 feet in height and the other properties on the east side of
this block range from approximately 16 to 20 feet in height.
A height of 17 feet on Main Avenue pushes this restaurant project to its maximum
capital budget in terms of maintaining a reasonable opportunity for a return on in-
vestment. At 17 feet, a three-foot parapet is created and represents an investment
that does not add to the operating upside of the project. The significant capital in-
vestment required for this project has been shared with the Economic Development
Authority and the City Council.
The applicants are requesting approval of the requested variance based on the fac-
tors above, including building aesthetics on a complex lot, conformance with the
existing adjacent structures and importance of a new cornerstone structure at the
corner of Main Avenue and Pleasant Street.
ISSUES: Section 1108.406 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.
This property is a unique Town Center property because of its location among
existing single story commercial properties and proximity to adjacent single-
family residential properties. The applicant is proposing to use the property
in a reasonable manner and the difficulties and additional cost of a second
story would make this project doubtful. The applicant has added a three-foot
parapet to the building to bring it closer to conformance with city standards.
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 is 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 proposed 17-foot height and
building design will fit within the existing commercial neighborhood and the
surrounding residential properties and will enhance the aesthetic character
and appearance of the downtown area.
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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.
In this case, a second story or 25 feet height requirement would be prohibitive
to this project. The proposed building design and wall heights will comple-
ment the surrounding commercial properties to the north, east and west and
residential neighborhood to the south. The brick exterior will help provide the
look of substantial mass and create a cornerstone effect on Main Avenue and
Pleasant Street.
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
neighborhood or be detrimental as the subject property is zoned TC, Town
Center Use District and construction of a restaurant is an appropriate use for
this property.
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 construction of a restaurant is an allowed use within the TC, Town Center
Zoning Use District.
Building materials, site grading, landscaping, bufferyard requirements, lighting and
other project specifications will be reviewed by City staff following their submittal to
ensure compliance with City Code requirements prior to issuance of permits.
ALTERNATIVES: 1. Motion and a second to approve a resolution approving an 8-foot variance from
the required 25-foot Minimum Height in the TC, Town Center Zoning Use Dis-
trict.
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.
RECOMMENDED
MOTIONS:
Alternative #1.
ATTACHMENTS: 1. Location Map
2. Proposed Site Plan
3. Proposed Building Elevations
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-XXPC
VARIANCE FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE
TC, TOWN CENTER ZONING USE 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 PLate on Main, LLC for an 8-foot variance from
the required 25-foot Minimum Height in the TC, Town Center Zoning Use District at the following
property:
The North ½ of Lot 2, Block 1, Cates Addition to the Village of Prior Lake, Scott County, Minnesota,
EXCEPTING therefrom the following described tract: Commencing at the Northwest corner of said
Lot 2; thence in a Southwesterly direction along the West line thereof, a distance of 2.35 feet; thence
Southeasterly a distance of 104.5 feet to a point on the East line of said Lot 2, 31.1 feet South of the
Northeast corner thereof; thence North along the East line of said Lot to the Northeast corner thereof;
thence Westerly along the North line of said Lot 2, a distance of 100.9 feet to the point of beginning.
(PID 250020030); 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
#DEV17-001039 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 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.
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This property is a unique Town Center property because of its location among existing single story
commercial properties and proximity to adjacent single-family residential properties. The applicant
is proposing to use the property in a reasonable manner and the difficulties and additional cost of a
second story would make this project doubtful. The applicant has added a three-foot parapet to the
building to bring it closer to conformance with city standards.
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 is 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 proposed 17-foot height and
building design will fit within the existing commercial neighborhood and the surrounding residential
properties and will enhance the aesthetic character and appearance of the downtown area.
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.
In this case, a second story or 25 feet height requirement would be prohibitive to this project. The
proposed building design and wall heights will complement the surrounding commercial properties
to the north, east and west and residential neighborhood to the south. The brick exterior will help
provide the look of substantial mass and create a cornerstone effect on Main Avenue and Pleasant
Street.
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 neighborhood or be
detrimental as the subject property is zoned TC, Town Center Use District and construction of a
restaurant is an appropriate use for this property.
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 construction of a restaurant is an allowed use within the TC, Town Center 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 in the TC, Town Center Zoning Use District:
a. An 8-foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use
District (Subsection 1102.806, Dimensional Standards).
4. The variance is subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. An acknowledged City Assent Form, shall be submitted to the Community Development Department
prior to the issuance of a building permit.
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PASSED AND ADOPTED THIS 18th DAY OF DECEMBER 2017.
_______________________________
Bryan Fleming, Commission Chair
ATTEST: _______________________________
Casey McCabe, Community Development Director
VOTE Fleming Kallberg Tschetter Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
General Location Map
16323 Main Avenue SE
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