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HomeMy WebLinkAbout4C South Lake Village Parking Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 29, 2018 AGENDA #: 4C PREPARED BY: PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE FROM SECTION 1107 OF THE PRIOR LAKE ZONING ORDINANCE RE- LATED TO THE MINIMUM NUMBER OF REQUIRED OFF-STREET PARKING SPACES DISCUSSION: Introduction The City of Prior Lake, on behalf of the property owner, Bealmake Partners LLC, is requesting a variance from the minimum number of required off-street parking spaces for the South Lake Village Mall property located at 16731 Highway 13 South in Prior Lake. Due to the upcoming street project at Duluth Avenue SE and Park Nicollet Ave- nue SE and related modifications to the South Lake Village Mall ingress and egress points, the mall property will see a reduction of seven off-street parking stalls from their current 282 spaces within the existing parking lot. A variance from Section 1107 of the Prior Lake Zoning Ordinance is being requested to allow the mall property to maintain its conforming status with city requirements. Regulation Minimum Proposed Variance Off-Street Parking Requirement (1 space for each 220 SF) 370 275 95 History The South Lake Village Mall property, then known as Priordale Mall, received a variance from the minimum number of off-street parking stalls required in 2003 when the City of Prior Lake acquired property to configure the ‘ring road’ [Park Nicollet Avenue SE]. The 2003 variance was granted based on the potential for the mall property to construct approximately 387 parking stalls; however, many of those stalls were not constructed. To construct the road, the City acquired property from Priordale Mall (now South Lake Village) and Hollywood Bar and Grill (now The Pointe), which are under common ownership. The ring road extended through the then existing parking lot south of the mall and restaurant properties, eliminating park- ing stalls and creating nonconforming parking, thus necessitating the 2003 Vari- ance request. 2 Current Circumstances Due to the upcoming street project at Duluth Avenue SE and Park Nicollet Ave- nue SE and related modifications to the South Lake Village Mall ingress and egress points, the South Lake Village Mall will see a reduction of seven off-street stalls within the existing parking lot. A variance from Section 1107 of the Prior Lake Zoning Ordinance is being requested to allow the mall property to remain in conformance with City Code requirements. Subsection 1107.304 of the Prior Lake Zoning Ordinance requires 1 parking space for each 220 SF for Shopping Centers with less than 100,000 square feet. Based on the building size of 81,229 SF (according to Scott County Assessor’s records), the minimum off-street parking requirement for the South Lake Village Mall property is 370 parking stalls. The property currently has 282 parking stalls and will be losing seven stalls due to city construction activities; resulting in 275 parking stalls and the need for a 95-stall variance request. Conclusion Subsection 1107.2303 (3) of the Zoning Ordinance, Non-conformity as a Result of Government Action, states, “If a governmental body takes land by exercise of its right of eminent domain and by that taking creates a parcel which does not conform to the width, area, or yard requirements of this Ordinance, the non-con- forming parcel shall become a legal non-conformity and may be used thereafter only by complying with the provisions of this section, however, such a legal non- conformity is exempt from the amortization provisions as contained in this Ordi- nance. The same non-conforming status of the non-conforming parcel will result if the governmental body acquired the land by negotiation rather than by condem- nation. If the owner of a property which becomes a legal non-conformity as the result of a governmental taking applies for a variance to reinstate the legal status to the property, the governmental taking shall constitute a hardship for the purpose of the variance.” The City of Prior Lake is acquiring right-of-way for the improvements to Duluth Avenue and Park Nicollet Avenue street projects. The acquisitions and required modifications to the South Lake Village Mall ingress and egress points result in the elimination of seven existing off-street parking stalls. Per zoning ordinance language, such government action provides sufficient grounds to meet the hard- ship [practical difficulty] criteria to grant a variance. Based upon the findings set forth in this report and the zoning ordinance lan- guage, which states, if the owner of a property which becomes a legal non-con- formity as the result of a governmental acquisition applies for a variance to rein- state the legal status to the property, the governmental acquisition shall constitute a hardship for the purpose of the variance; city staff recommends approval of the 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: 3 (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 ordi- nance. The property owner has maximized their off-street parking options on this parcel. The parking requirement of 1 stall per 220 SF of building area cannot be met on the parcel. Subsection 1107.2303 (3) of the zoning ordinance provides a sufficient basis to meet the practical difficulty criteria and grant a variance when the nonconformity is a result of government action. The right-of-way acquisition and related modifications to ingress and egress points of the South Lake Village Mall result in the loss of seven off-street parking stalls. The need for a variance request is the result of government action. The governmental acquisition of property constitutes a practical difficulty for the purpose of the variance. (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 following purposes of the zoning ordinance: Protect the residential, business, indus- trial and public areas of the community and maintain their stability; promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas; and limit congestion in the public rights-of-way; the proposed variance is due to a street construction project on Duluth Avenue and Park Nicollet Avenue which will limit congestion in the public right-of-way. (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. The property owner has maximized their off-street parking options on this parcel. The variance is necessary for the preservation and enjoyment of a substantial property right of the owner to remain competitive and have con- forming parking for various types of uses. The variance request is a result of government acquisition of right-of-way and is not a mere convenience to the property owner. (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 neighborhood. The shopping center has existed for many years in this neighborhood and the proposed street improvements will be an improvement to public safety. 4 (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 will not result in allowing any use of the property that is not permitted. The property is located in the C-2, General Business use district in which shopping centers are a use permitted with conditions. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variance from Section 1107 of the Prior Lake Zoning Ordinance related to the minimum number of required off-street parking spaces. 2. Motion and a second to deny the variance from Section 1107 of the Prior Lake Zoning Ordinance related to the minimum number of required off-street park- ing spaces. 3. Motion and a second to table or continue discussion of the item for specific purpose as directed by the Planning Commission. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Location Map 2. Parking Stalls to be Removed 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___PC VARIANCE FROM SECTION 1107 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO THE MINIMUM NUMBER OF REQUIRED OFF-STREET PARKING SPACES Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on May 29, 2018, to consider a request from the City of Prior Lake, on behalf of the property owner, Bealmake Partners LLC, requesting a variance from the minimum number of required off-street parking spaces at the following property: 16731 Highway 13 South, Prior Lake MN 55372 Legal Description: Lot 1, Block 1, South Lake Village (PID 254700010); 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 and held a hearing thereon on May 29, 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: 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. 2 There are practical difficulties in complying with the strict terms of the ordinance. The property owner has maximized their off-street parking options on this parcel. The parking requirement of 1 stall per 220 SF of building area cannot be met on the parcel. Subsection 1107.2303 (3) of the zoning ordinance provides a sufficient basis to meet the practical difficulty criteria and grant a variance when the nonconformity is a result of government action. The right-of-way acquisition and related modifications to ingress and egress points of the South Lake Village Mall result in the loss of seven off-street parking stalls. The need for a variance request is the result of government action. The governmental acquisition of property constitutes a practical difficulty for the purpose of the variance. 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 following purposes of the zoning ordinance: Protect the residential, business, industrial and public areas of the community and maintain their stability; promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas; and limit congestion in the public rights-of-way; the proposed variance is due to a street construction project on Duluth Avenue and Park Nicollet Avenue which will limit congestion in the public right-of-way. 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. The property owner has maximized their off-street parking options on this parcel. The variance is necessary for the preservation and enjoyment of a substantial property right of the owner to remain competitive and have conforming parking for various types of uses. The variance request is a result of government acquisition of right-of-way and is not a mere convenience to the property owner. 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 neighborhood. The shopping center has existed for many years in this neighborhood and the proposed street improvements will be an improvement to public safety. 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 will not result in allowing any use of the property that is not permitted. The property is located in the C-2, General Business use district in which shopping centers are a use permitted with conditions. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance: a. A 95-stall off-street parking variance from the minimum 370 off-street parking stalls required (Section 1107.304 Commercial Uses). 3 4. The variance is subject to the following condition of approval: 1) The variance resolution shall be recorded at Scott County. PASSED AND ADOPTED THIS 29th DAY OF MAY 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ H I G H W A Y 1 3 TOWER ST SE D U L U T H A V S E V I L L A G E L A K E D R S E T O R O N T O A V S E M A P L E W O O D S T S E A N N A T R L S E P A R K N I C O L L E T A V S EHIGHWAY 1 3 Scott County GIS Ü South Lake Village MallVarianceLocation Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) LOW ER PRIOR LAKEGD(904) MYSTICLAKENE BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CRYSTAL LAKENE(943.3) RICE LAKENE(945) CLEARY LAKENE CAMPBELLLAKENE(Not Estab.) Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY Four off-street parking stalls will be lost due to the improvements at ingress/egress point. Three off-street parking stalls will be lost due to the widening of Duluth Avenue.