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HomeMy WebLinkAbout4A PDEV18-000006 - 4924 Minnesota Street SE - Variance - PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: March 26, 2018 AGENDA #: 4A PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER AMANDA SCHWABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTIION APPROVING VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LOT WIDTH AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-2 (MED DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Patricia Leitchman is requesting variances from the minimum lot area, minimum lot width and minimum front yard setback to allow the replacement of a single- family residence on a property located at 4924 Minnesota St. SE. The property currently contains a single story (with basement) structure and detached one-car garage, which would be demolished to allow for construction of a new single- family residence. The following variances are requested as per the proposed survey: • A 34-square foot variance from the minimum 7,200 square foot lot area re- quired for a non-conforming corner lot of record in the R-2 Zoning District (Section 1104.302) • A 22.14-foot variance from the required minimum 72-foot lot width for a corner lot (Section 1104.302) • A 17.64-foot variance from the required minimum front yard setback (Section 1102.505 (1)) Regulation Minimum Proposed Variance Lot Area for a Corner Lot 7,200 sq. ft. 7,166 sq. ft. 34 sq. ft. Lot Width for a Corner Lot 72 ft. 49.86 ft. 22.14 ft. Front Yard Setback 25 ft. 7.36 ft. 17.64 ft. History The property is zoned R-2 (Med Density Residential), and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. This neighbor- hood was platted in 1914 and consisted primarily of 50-foot wide lots approxi- mately 7,000 square feet in size. The subject property contains a single-family structure which was placed on the property around 1955. Current Circumstances The property is 7,166 square feet with a residence and detached garage which is considered legal, non-conforming as it does not meet City Code requirements related to lot size, lot width or front yard setback. The applicant is requesting to 2 remove the existing structures and replace them with a slab on grade single story, one-bedroom residence with a loft and attached two-car garage. Lot Area: The lot area of the subject property is 7,166 square feet. While the current Ordinance requires a minimum lot area of 6,000 square feet in the R-2 district, the subject property is a corner lot and thus should be 20% larger than the minimum requirements, which is a minimum of 7,200 square feet in size for development of the property for a single-family dwelling. This property has been in existence with a single-family residence since the 1950’s and has been valued and assessed as a buildable lot for single family dwelling purposes for many years in this configuration. Lot Width: The lot width of the subject property is 49.86 feet. The minimum lot width for a lot in the R-2 district is 50 feet; however, because this is a corner lot, the minimum width is expanded by 20%; which is 72 feet. The current and pro- posed use of the lot is a single-family residence. The proposed residence will maintain the existing 10-foot side yard setback to the residence to the east. The proposed building separation is approximately 18 feet. Front Yard Setback: The minimum front yard setback in the R-2 zoning district is 25 feet. Since this property is a corner lot, both the current front yard (Minne- sota Street SE) and the current side yard abutting a street (Evanston Ave SE) require a minimum 25-foot setback. The applicant is proposing to place the new residence 7.36 feet from the property line abutting Evanston which is .97 feet further back than the existing residence. In addition, there is approximately 16 feet of right-of-way along Evanston Avenue SE, so the proposed house would be approximately 23 feet from back of curb. City Code Section 1101.502 allows non- conforming lots of record in the R-2 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 applicant recognizes that the proposed home could be moved further back from the property line abutting Evanston Ave SE; however, she would like to maintain the 10-foot separation from the neighbor’s home to the east. The proposed setback on Minnesota Street SE is 21.29 feet, which is per- mitted by Section 1102.505 (3) which allows for setback averaging with a mini- mum setback of 20 feet. The adjoining two parcels along Minnesota Street SE to the east have an average front yard setback of 19.37 feet. Conclusion This property, existing residence and detached garage are legal, non-conforming as they existed prior to the adoption of the City Code. The proposed single-family residence increases the corner side yard area from the previous residence and will allow for the applicant to age in place in a residence that complements the existing neighborhood. The City Staff believes the variances requested are war- ranted due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. 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. 3 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 and is of a type of construction that would be costly and difficult to expand. The proposed residence will be approximately 2,000 square feet in size with an attached 2-car garage. Strict application of the ordinance would result in an approximately 15 feet by 95 feet (1,425 square feet) building pad. (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”. The proposed single story with a loft style residence in this mature neigh- borhood is in harmony with these purposes and policies. (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 being a corner lot, the building pad is dra- matically reduced. The existing residence was moved onto the property approximately 65+ years ago and remodeling it is not cost effective due to its deteriorated state and unique style of construction. Variances would also be necessary to expand the existing residence as it does not meet the front yard setback. (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 Minnesota Street neighborhood. The addition of the proposed residence will improve a legal, non-conforming situation and will complement the other existing residences in the area. 4 (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 replacement of a single-family residential dwelling which is an allowed use within the R-2 (Med Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re- quested for 4924 Minnesota Street SE with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circum- stances. 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 2. Location Map 3. Applicant Narrative 4. Survey of Existing Conditions dated 11-21-17 5. Survey of Proposed Conditions dated 2-13-18 6. Proposed Elevations 7. Photos of Existing Residence 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-XXPC VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LOT WIDTH AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-2 (MED 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 March 26, 2018, to consider a request from Patricia A. Leitchman, property owner, to approve variances to allow the removal of the existing home and detached one-car garage and construction of a new single- family residence located in the R-2 (Med Density Residential) Zoning District at the following property: 4924 Minnesota Street SE, Prior Lake, MN 55372 Legal Description: Lot 1, Block 2, Schmokel’s Addition (PID 25-003-006-0) 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 #DEV18- 000006 and held a hearing thereon on March 26, 2018; 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: 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 and is of a type of construction that would be costly and difficult to expand. The proposed residence will be approximately 2,000 square feet in size with an attached 2- car garage. Strict application of the ordinance would result in an approximately 15 feet by 95 feet (1,425 square feet) building pad. 2 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”. The proposed single story with a loft style residence in this mature neighborhood 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 being a corner lot, the building pad is dramatically reduced. The existing residence was moved onto the property approximately 65+ years ago and remodeling it is not cost effective due to its deteriorated state and unique style of construction. Variances would also be necessary to expand the existing residence as it does not meet the front yard setback. 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 Minnesota Street neighborhood. The addition of the proposed residence will improve a legal, non-conforming situation and will complement the other existing residences in the area. 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 replacement of a single-family residential dwelling which is an allowed use within the R-2 (Med Density Residential) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow the removal of the existing residence and one-car detached garage and construction of a single-family residence in the R-2 (Med Density Residential) Zoning District: a. A 34-square foot variance from the minimum 7,200 square foot lot area required for a non-conforming corner lot of record in the R-2 Zoning District (Section 1104.302) b. A 22.14-foot variance from the required minimum 72-foot lot width for a corner lot (Section 1104.302) c. A 17.64-foot variance from the required minimum front yard setback (Section 1102.505 (1)) 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. PASSED AND ADOPTED THIS 26th DAY OF MARCH, 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ E V A N S T O N A V S E H I G H W A Y 1 3 OAK ST SE MINNESOTA ST SE H I G H W A Y 1 3 Scott County GIS Ü 4924 Minnesota Street SEVariance Location Map UPPER PRIOR LAKEGD (904) BLINDLAKE RD(948.7) ARTICLAKE NE(906.7) MARKLEYLAKE RD( ) Upper Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY View from Minnesota Street SE View from Evanston Avenue SE