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Home My WebLink About4B 6626 Rustic Road SE - Variance PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: April 23, 2018 AGENDA #: 4B PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER AMANDA SCHWABE AGENDA ITEM: HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTI- ION APPROVING A VARIANCE FROM THE MINIMUM LAK E SETBACK FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Eric and Erica Delain are requesting a variance from the minimum structure set- back from the Ordinary High Water (OHW) elevation to allow the expansion of a non-conforming structure on property located at 6626 Rustic Road SE. The prop- erty is located along the southern shores of Boudin’s Bay on Lower Prior Lake, west of Hwy 13. The property contains a single-family home that is a two-story (with basement walkout) structure. The following variance is requested with the proposed survey: • A 12.8-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) 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 in the Shoreland Overlay District of Lower Prior Lake and contains a single-family home which was constructed in 1981. Regulation Minimum Proposed Variance OHW Setback 75’ 62.2’ 12.8’ Current Circumstances This property is over an acre in size; however, the lot area above the 904 eleva- tion is 26,789 square feet (.62 acre). The existing residence is considered legal, non-conforming as it does not meet City Code requirements related to the OHW setback. The existing deck is 59.6 feet from the OHW at its closest point. Due to the configuration of the lot, the remainder of the deck is approximately 80 feet from the OHW. The property owners experienced a fire in the laundry room on the main floor of the residence in the Fall 2016. As a result, improvements are needed to the rear wall of the residence. Since work is needed on the rear wall, the applicants are proposing to add an 8-foot addition to the rear of the existing home to provide for 2 additional lower level, main floor and master bedroom living space as well as a deck. Lake Setback: The closest point of the structure to the OHW is the existing deck which is set back 59.6 feet. The applicants are proposing to remove the existing deck, add the addition and construct a new deck. Following construction, the new deck would be located 62.2 feet from the OHW; an increased setback dis- tance of 2.6 feet. Impervious Surface: The total impervious surface on the property is 23.4%, which is 6.6% less than the maximum impervious surface of 30%. Staff met with the applicants to review their proposal and discussed opportunities to lessen their impervious surface coverage. The applicants are proposing to remove large ar- eas of landscaping in the rear yard which has a non-pervious material under- neath. With the proposed addition and removal of the non-pervious landscape material, the total impervious surface on the property will be 21.4% which is a reduction of 2%. Conclusion The existing residence is legal, non-conforming as it does not meet the current OHW setback. The proposed addition is considered an expansion therefore, a variance is necessary to bring the property into compliance. Both adjacent prop- erty owners have submitted letters of support for the request which are attached for your reference. City Staff believes the requested variance is warranted due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. The structure setback will be further from the OHW and the total impervious sur- face will be decreasing on the property with this project. Therefore, the City Staff recommends approval of the requested variance 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. 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 practical difficulties in complying with the strict terms of the Or- dinance. The applicant would be permitted to reconstruct the non-con- forming deck in the same footprint; however, a variance is required since the proposed configuration is different. The proposed addition improves the existing nonconformity by increasing the setback from the OHW as well as improves the total impervious surface on the property. 3 (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 variance 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. (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. A practical difficulty for the property owner exists due to the unique config- uration of the property in relation to the 904 elevation as well as the need to reconstruct the rear wall as a result of the fire. (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 variance will not alter the essential character of the Rustic Road neighborhood. There are other riparian properties in this neighborhood with similar sized homes and decks. (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 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 variance re- quested for 6626 Rustic Road SE with the listed conditions or approve any variance the Planning Commission deems appropriate in the circumstances. 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 request because the Planning Commission finds a lack of demonstrated practical difficulties under the zon- ing code criteria. RECOMMENDED MOTIONS: Alternative #1. 4 ATTACHMENTS: 1. Resolution 18-XXPC 2. Location Map 3. Applicant Narrative 4. Proposed Survey dated 3-29-18 5. Existing and Proposed Deck Illustration 6. Building Elevation and Plans dated 11-30-17 7. Letters of Support from Adjacent Property Owners 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-__PC VARIANCE FROM THE MINIMUM LAKE SETBACK 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 April 23, 2018, to consider a request from Eric and Erica Delain, to approve a variance 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: 6626 Rustic Road SE, Prior Lake, MN 55372 Legal Description: Lot 4, Block 1, Oakland Beach 6th Addition, Scott County, Minnesota (PID 25-140-004-0); 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 #DEV18- 000011 and held a hearing thereon on April 23, 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 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 applicant would be permitted to reconstruct the non-conforming deck in the same footprint; however, a variance is required since the proposed configuration is different. The proposed addition improves the existing nonconformity by increasing the setback from the OHW as well as improves the total impervious surface on the property. 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 variance 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. A practical difficulty for the property owner exists due to the unique configuration of the property in relation to the 904 elevation as well as the need to reconstruct the rear wall as a result of the fire. 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 Rustic Road neighborhood. There are other riparian properties in this neighborhood with similar sized homes and decks. 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 variance 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 12.8-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.308 (2)) 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 23rd DAY OF APRIL 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Tschetter Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ RUSTIC RD SE M A P L E T R L S E H I G H W A Y 1 3 Lower Prior Lake Scott County GIS Ü 6626 Rustic Road SE Variance Location Map UPPER PRIOR LAKE GD (904) LOWER PRIOR LAKE GD (904) PIKE LAKE NE(820.5) MYSTIC LAKE NE HAAS LAKE NE(907.3) ARTIC LAKE NE(906.7) HOWARD LAKE NE (957.3) Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY