HomeMy WebLinkAbout4A 15263 Fairbanks Trl NE - Variance - PC Report Final
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: MAY 14, 2018
AGENDA #: 4A
PREPARED BY:
PRESENTED BY:
AMANDA SCHWABE, PLANNER
AMANDA SCHWABE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTIION AP-
PROVING VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE
SETBACK, MINIMUM FRONT YARD SETBACK, MINIMUM REAR YARD SET-
BACK AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE
R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
DISCUSSION: Introduction
Ray Joachim is requesting variances from the minimum lot area, minimum struc-
ture setback from the Ordinary High Water (OHW) elevation front and rear yard
setbacks as well as the maximum impervious surface requirement to allow the
replacement of a single-family structure on property located at 15263 Fairbanks
Trail NE. The property is located along the western shores of Lower Prior Lake,
west of Fairbanks Trail NE and south of Quaker Trail NE. The property contains
a single-family home that is a single story (with basement walkout) structure. The
following variances are requested as noted on the attached survey:
• A 655 square foot variance from the minimum 7,500 square foot lot area re-
quired for a non-conforming lot of record in the Shoreland Overlay District)
(Section 1104.902 (1))
• A 34.5-foot variance from the required minimum 62.5-foot average structure
setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section
1104.308 (2))
• An 8-foot variance from the required minimum 25-foot front yard structure
setback (Section 1102.405 (3))
• An 18-foot variance from the required minimum 25-foot rear yard structure
setback (Section 1102.405 (3))
• A 7.6% variance from the 30% maximum impervious surface requirement for
a residential property in the Shoreland Overlay District (Section 1104.306)
Regulation Minimum Proposed Variance
Lot Area (Shoreland, Non-Conforming) 7,500 SF 6,845 SF 655 SF
Lake Setback (Averaging allowed, 2 Adjacent lots) 62.5’ 28’ 34.5’
Front Setback 25’ 17’ 8’
Rear Setback 25’ 7’ 18’
Maximum Impervious Surface 30% max. 37.6% 7.6%
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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 1978.
Current Circumstances
The property is 6,845 square feet with a residence which is considered legal, non-
conforming as it does not meet City Code requirements related to lot size, front
yard, OHW setbacks or maximum impervious surface. The applicant is request-
ing to remove the existing home which has a footprint of approximately 1,500
square feet and construct a new residence with an approximate footprint of 1,800
square feet.
Lot Area: The lot area of the subject property is 6,845 square feet. While the
Shoreland Ordinance does require a lot to be a minimum of 7,500 square feet in
size for development of a property into a single-family dwelling, this property has
been in existence with a single-family residence since 1978 and has been valued
and assessed as a buildable lot for single family dwelling purposes for many
years as a 6,845-square foot lot. The other lots along Fairbanks Trail NE range
in size from approximately 7,400 square feet to 10,800 square feet.
Lake Setback: The closest point of the existing structure to the lake is the deck
located 28 feet from the 904 elevation. The applicant is proposing to place the
new residence and deck at the same distance from the OHW. Setback averaging
would allow the proposed structure to be placed 62.5 feet from the OHW.
Front Setback: The existing residence is located at the end of Fairbanks Trail
NE and has a front yard setback of approximately 16 feet. Due to the narrow lot
width of this property and reduced lot size, the proposed attached garage is lo-
cated approximately 17 feet from the front property line. To meet the minimum
setback requirement, the proposed residence would need to be narrowed to ap-
proximately 16 feet in width or have a 0-foot setback on the opposite property
line.
Rear Setback: The existing residence has a rear yard setback of 9.8 feet. The
proposed residence would have a 7-foot rear yard setback. The narrow lot width
of this property would not allow for a residence to be constructed and meet both
the front and rear setback requirements. To accommodate this, the applicant is
proposing to increase the front setback and slightly decrease the rear setback for
the proposed home.
Impervious Surface: The total existing impervious surface on the property is
42.2%. The proposed residence and attached garage would occupy areas on
the property previously covered by hard surfaces. Some of the existing concrete
patio areas will be removed as part of this project. As a result, the total impervi-
ous surface on the property would be reduced by 4.6% to 37.6%. While this
amount still exceeds the allowed maximum (30% of the total lot area), the project
is a reduction overall.
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Conclusion
This property and existing residence are legal, non-conforming as they existed
prior to the adoption of the City Code. The City Staff believes the variances re-
quested are warranted due to the lot constraints unique to the property and prac-
tical difficulties as stated in the findings in this report.
The lake setback will not be changing as the proposed deck would be placed at
the same setback as the existing deck. The front yard setback will be increased
from 16 feet to an approximate 17 feet. The proposed front yard setback is rea-
sonable and will place the home 1-foot further from the street than the existing
home. A majority of the proposed impervious surface will be placed in locations
where impervious surfaces exist including: driveway, concrete parking pad, and
patio. With this proposal, the total impervious surface on this property will be
reduced by 4.6% from what exists today. 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.
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. This existing lot of record is of substandard size located at the
end of a residential street. The existing home footprint is approximately
1,500 square feet in size. The proposed home footprint will be approxi-
mately 1,800 square feet in size. The buildable area of this lot is nonex-
istent if compliance with the strict terms of the ordinance were required.
(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”.
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 replacement of this
residence is in harmony with these purposes and policies.
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(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 width, the proposed home would be placed
in a very similar footprint as the current home. The lot size, width, and
proximity to the OHW creates a practical difficulty for the property owner
to modify or replace the residence without variances.
(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
Maple Park Shore Acres neighborhood. There are other riparian properties
in this corridor with similar lot sizes and widths that have 2-story homes
and reduced setbacks.
(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 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 variances re-
quested for 15263 Fairbanks Trail NE 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 18-XXPC
2. Location Map
3. Survey of existing and proposed structures dated 11-29-17
4. Proposed Floor Plans
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-XXPC
VARIANCES FROM THE MINIMUM LOT SIZE, MINIMUM LAKE SETBACK, MINIMUM FRONT YARD SETBACK,
MINIMUM REAR YARD SETBACK, AND MAXIMUM IMPERVIOUS SURFACE 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 May
14, 2018, to consider a request from Ray Joachim, to approve variances to allow the replacement of a single-
family dwelling located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following
property:
15263 Fairbanks Trail NE, Prior Lake, MN 55372
Legal Description:
Lot 14, Maple Park Shore Acres, Scott County, Minnesota (PID 250360130); 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-
000015 and held a hearing thereon on May 14, 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. This existing lot of record is
of substandard size located at the end of a residential street. The existing home footprint is approximately
1,500 square feet in size. The proposed home footprint will be approximately 1,800 square feet in size. The
buildable area of this lot is nonexistent if compliance with the strict terms of the ordinance were required.
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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”. 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 replacement 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.
Due to the minimal lot size and width, the proposed home would be placed in a very similar footprint as the
current home. The lot size, width, and proximity to the OHW creates a practical difficulty for the property owner
to modify or replace the residence without variances.
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 Maple Park Shore Acres
neighborhood. There are other riparian properties in this corridor with similar lot sizes and widths that have 2-
story homes and reduced setbacks.
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 residential dwelling which is an allowed use within
the R-1 (Low Density Residential) Zoning District.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to
allow the construction of single-family house in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 655 square foot variance from the minimum 7,500 square foot lot area required for a non-conforming lot of
record in the Shoreland Overlay District) (Section 1104.902 (1))
b. A 34.5-foot variance from the required minimum 62.5-foot average structure setback from the Ordinary High
Water (OHW) elevation of Prior Lake (Section 1104.308 (2))
c. An 8-foot variance from the required minimum 25-foot front yard structure setback (Section 1102.405 (3))
d. An 18-foot variance from the required minimum 25-foot rear yard structure setback (Section 1102.405 (3))
e. A 7.6% variance from the 30% maximum impervious surface requirement for a residential property in the
Shoreland Overlay District (Section 1104.306)
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 14th DAY OF MAY 2018.
_______________________________ Bryan Fleming, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Fleming Kallberg Peterson Ringstad Tieman
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Q U A K E R T R L N E
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Lower Prior Lake
Scott County GIS
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15263 Faribnks Trl NE Variance Location Map
LO WER PRIO R LAKE
GD
(904)
ARTIC
LAKE
NE
(906.7)
Lower Prior Lake
Scott County GIS
SUBJECTPROPERTY
SUBJECTPROPERTY