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Home My WebLink About4B 6018 - 150th Street SE - Variance PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 9, 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 VARIANCES TO ENLARGE AN EXISTING, NON-CON- FORMING STRUCTURE FOR A MAJOR REMODEL WHICH INCLUDES THE ADDITION OF AN ATTACHED GARAGE AND LIVING SPACE ON A PROP- ERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Cory Haugen is requesting variances to allow a major remodel of a non-conform- ing structure on property located at 6018 150th Street SE. The property is located along the northeastern shores of Lower Prior Lake, east of Pixie Point Circle SE. The property contains a single-family home (single-story basement walkout) and a detached garage. The following variances are requested with the proposed sur- vey: • A 11.24-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.302 (4)) • A 16-foot variance from the minimum 90-foot lot width for a Riparian Lot on a General Development Lake) (Section 1104.302 (3)) Regulation Minimum Proposed Variance Lake Setback 75’ 63.76’ 11.24’ Lot Width (Riparian Building Setback) 90’ 74’ 16’ 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 Upper Prior Lake and contains a single-family home which was constructed in 1976. Current Circumstances The property is 1.01 acres (44,201 square feet) with a residence. The lot is con- sidered legal, non-conforming as it does not meet City Code requirements related to lot width at the building setback. In addition, the existing structure does not meet the minimum structure setback to the OHW. The applicant is requesting to complete a major remodel and add an attached garage and living space to the existing home. City Code defines a remodel as “Any improvement to the exterior or interior of an existing structure that may require an electrical, plumbing, HVAC, 2 or other zoning or building permit. The cost of a structural remodel shall not ex- ceed 50% of the Fair Market Value of the structures on the property.” The value of the proposed project is greater than 50% of the fair market value of improve- ments on the property; therefore, a variance is required to allow the project to be a “Remodel” as opposed to “New Construction”. The applicant is proposing to add a 2-car attached garage with living space above and storage below grade. The addition will accommodate an enlarged kitchen, laundry/mud room and 2 car garage. The applicant is working with their electric utility provider to bury the existing services to accommodate the proposed addi- tion. Lake Setback: The closest point of the existing structure to the lake is the exist- ing deck stairs at 63.76 feet from the 904 elevation. The proposed garage and living space addition meets the required setbacks. No changes are proposed to the lake side of the home. Lot Width: Lot width is measured at the building setback and the OHW. Riparian Lots on a General Development Lake are required to be a minimum of 90 feet wide at the building setback and 75 feet at the OHW. The lot has been in exist- ence since 1947 and in its current configuration as 74 feet wide at the building setback since prior to the City Code. This property has been valued and as- sessed as a buildable lot for single family dwelling purposes for many years in its current configuration. Conclusion This property and existing residential structure are legal, non-conforming as they existed prior to the adoption of the City Code. The proposed addition exceeds 50% of the fair market value of the improvements on the property and will be expanding the non-conformity as well as extending the useful economic life of the structure. Therefore, variances are necessary to bring the property into compli- ance. The City Staff believes the variances requested are warranted due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. The lake setback will not be changing with the proposed addition as the proposed garage and living space will be on the street side of the property and will meet the required lake setback. The proposed addition also meets all other require- ments including, but not limited to: side yard setbacks, impervious surface (pro- posed 24%), and is consistent with other structures in the neighborhood. There- fore, 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 a request 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: 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 Or- dinance. The existing home is on a large lot which is well under the allowed impervious surface percentage. The home is approximately 2,000 square feet in size and does not have an attached garage. The proposed addition will result in an approximately 3,600 sq. ft. residence with a 2-car garage, which is reasonable on a lot that is over an acre in size. Due to the location of the covered porch and stairs within the required lake setback, the struc- ture is legally nonconforming; therefore, any addition to the home would require a variance. Staff discussed with the applicant reconfiguring the existing stairs and cov- ered porch to comply with the lake setback; however, the covered deck is a primary gathering place for their family and reducing it in size would re- quire significant alterations to the existing roof and limit the ability to utilize the covered deck for seating and entertaining. (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 major remodel of this residence 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. The applicant purchased the property in 2016. The existing residence and a majority of the deck meet the OHW setback; however, a portion of the covered deck and part of the deck stairs encroach on the setback. As a result, any addition to the residential structure would be considered an ex- pansion of a non-conforming structure and would require a variance. The proposed addition meets all the setback requirements. 4 (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 150th Street neighborhood. Most of the existing residences in this neighborhood have attached garages that are greater than 2 stalls in size. (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 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 variances re- quested for 6018 150th Street 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 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. Proposed Survey dated 6-20-18 4. Floor Plans dated 5-13-18 5. Applicant Narrative 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-XXPC VARIANCES FROM THE MINIMUM LOT WIDTH AND MINIMUM LAKE SETBACK TO ALLOW A MAJOR REMODEL WHICH WILL ENLARGE AN EXISTING, NON-CONFORMING STRUCTURE ON 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 July 9, 2018, to consider a request from Corey Haugen, to approve variances to allow a major remodel of a non- conforming single-family dwelling which includes the addition of a garage and living space on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 6018 150th Street SE, Prior Lake, MN 55372 Legal Description: Lot 2 and the West ½ of Lot 3, Block 1, EASTWOOD, City of Prior Lake, Scott County, Minnesota (PID 25-1170030) 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- 000027 and held a hearing thereon on July 9, 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 existing home is on a large lot which is well under the allowed impervious surface percentage. The home is approximately 2,000 square feet in size and does not have an attached garage. The proposed addition will result in an approximately 3,600 sq. ft. residence with a 2-car garage, which is reasonable on a lot that is over an acre in size. Due to the location of the covered porch and stairs within the required lake setback, the structure is legally nonconforming; therefore, any addition to the home would require a variance. 2 Staff discussed with the applicant reconfiguring the existing stairs and covered porch to comply with the lake setback; however, the covered deck is a primary gathering place for their family and reducing it in size would require significant alterations to the existing roof and limit the ability to utilize the covered deck for seating and entertaining. 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 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. The applicant purchased the property in 2016. The existing residence and a majority of the deck meet the OHW setback; however, a portion of the covered deck and part of the deck stairs encroach on the setback. As a result, any addition to the residential structure would be considered an expansion of a non-conforming structure and would require a variance. The proposed addition meets all the setback requirements. 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 150th Street neighborhood. Most of the existing residences in this neighborhood have attached garages that are greater than 2 stalls in size. 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 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 11.24-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.302 (4)) b. A 16-foot variance from the minimum 90-foot lot width for a Riparian Lot on a General Development Lake) (Section 1104.302 (3)) 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 9th DAY OF JULY 2018. _______________________________ Brian Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 150TH ST SE G R E E N O A K S T R L S E P I X I E P O I N T C I R S E OAK RIDGE CIR SE Lower Prior Lake Scott County GIS Ü 6018 150th Street SEVariance Location Map UPPER PRIOR LAKEGD(904) SPRING LAKEGD(912.8) LOW ER PRIOR LAKEGD(904) PIKELAKENE(820.5) MYSTICLAKENE HAASLAKENE(907.3) BLINDLAKERD(948.7) ARTICLAKENE(906.7) MARKLEYLAKERD( ) HOWARD LAKENE(957.3) CRYSTAL LAKENE(943.3) CAMPBELLLAKENE(Not Estab.)Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY GARAGE-TOP OF SLAB EL.=100'-0" (928) GARAGE-PLANK BRG EL.=99'-0" GARAGE-SLAB ON GRADE EL.=89'-8" (917.67) UPPER LEVEL FINISH FLOOR EL.=109'-1 3/8" GARAGE GUEST ROOM EGRESS WINDOW ATTICATTIC STORAGE GARAGE-TOP OF SLAB EL.=100'-0" (928) GARAGE-SLAB ON GRADE EL.=89'-8" (917.67) LAUNDRY/MUDROOM STORAGE WALL CONSTRUCTION ·5 8 GYPSUM BRD ·2X6 WOOD STUDS ·BATT INSULATION ·1 2" SHEATHING ·SIDING WALL CONSTRUCTION ·12" CONCRETE FOUNDATION WALL ·WATER PROOFING ·PROTECTION BRD ·FOUNDATION DRAINAGE WALL CONSTRUCTION ·5 8 GYPSUM BRD ·2X6 WOOD STUDS ·BATT INSULATION ·1 2" SHEATHING ·SIDING WALL CONSTRUCTION ·12" CONCRETE FOUNDATION WALL ·WATER PROOFING ·PROTECTION BRD ·FOUNDATION DRAINAGE CONCRETE APRON OVERHEAD GARAGE DOOR 5X4X11 1/4" FIBER CEMENT TRIM BOARD FIBER CEMENT LAP SIDING, 6" EXPOSURE 5X4X5 1/2" FIBER CEMENT TRIM BOARD CAST STONE VENEER CAP CULTURED STONE VENEER FIBER CEMENT LAP SIDING, 6" EXPOSURE WOOD CLAD SLIDING WINDOW FIBER CEMENT FASCIA BOARD ALUMINUM GUTTERS REGRADED FINISH GRADE PROVIDE POSITIVE DRAINAGE AWAY FROM FOUNDATION WALL ALUMINUM GUTTER AT EXISTING ROOF 5X4X5 1/2" FIBER CEMENT TRIM BOARD CAST STONE VENEER CAP CULTURED STONE VENEER FIBER CEMENT LAP SIDING, 6" EXPOSURE ASPHALT SHINGLES ON EXISTING ROOF PATCH/REPAIR ROOF SHEATHING AS REQUIRED ASPHALT SHINGLES 12 8 12 8 EXISTING FIRST LEVEL EXISTING LOWER LEVEL GRADE VARIES SLOPE AWAY FROM FOUNDATION WALL FIBER CEMENT FASCIA BOARD ALUMINUM GUTTER FIBER CEMENT LAP SIDING, 6" EXPOSURE ASPHALT SHINGLES 5X4X11 1/4" FIBER CEMENT TRIM BOARD WOOD CLAD SLIDING WINDOW 5X4X5 1/2" FIBER CEMENT TRIM BOARD 5X4X5 1/2" FIBER CEMENT TRIM BOARD WOOD CLAD SLIDING WINDOW CAST STONE VENEER CAP CULTURED STONE VENEER ASPHALT SHINGLES GRADE VARIES SLOPE AWAY FROM FOUNDATION WALL CONTACT: TITLE: PROJECT NAME: PROJECT NO.: DATE: REVISIONS: SHEET NUMBER: PROJECT: HAUGEN RESIDENCE ADDITION EAST ELEVATION - 1/4"=1'-0" (@ 22X34 SHEET SIZE) A300 SOUTH ELEVATION - 1/4"=1'-0" (@ 22X34 SHEET SIZE)SECTION @ GARAGE LOOKING SOUTH - 1/4"=1'-0" SECTION @ LAUNDRY/MUD ROOM LOOKING SOUTH - 1/4"=1'-0" 05/15/2018 EXISTING GARAGE ROOF EXISTING RESIDENCE NEW ADDITION PR O P E R T Y L I N E NEW ADDITION PR O P E R T Y L I N E LAKE SHORE EXISTING ASPHALT PAVEMENT EXISTING STORAGE BUILDING CONTACT: TITLE: PROJECT NAME: PROJECT NO.: DATE: REVISIONS: SHEET NUMBER: PROJECT: HAUGEN RESIDENCE ADDITION A000 LOT PLAN (NOT TO SCALE)SITE PLAN - 1/16"=1'-0" (@ 22X34 SHEET SIZE) NN 05/13/2018 8'-0"X7'-0" OVERHEAD DOOR EXISTING LOWER LEVEL WOOD FLOOR JOIST PC CONCRETE PLANK 12" CAST IN PLACE CONCRETE FOUNDATION WALL (2) 6" RISERS UP NEW 3'-0"X6'-8" HM DOOR FLOOR SINK HAND SINK WATER CLOSET STORAGE AREA STORAGE AREA 8'-0"X3'-0" CONCRETE APRON EXTEND SANITARY BELOW SLAB FLOOR DRAIN FLOOR DRAIN EXISTING 2:12 SLOPED ROOF NEW 2:12 SLOPED ROOF NEW 8:12 SLOPED ROOF MATCH EXISTING SLOPED ROOF CONCRETE APRON BELOW SLOPE SLOPE SLOPE SLOPE S L O P E S L O P E S L O P E SLO P E SLO P E PR O P E R T Y L I N E NEW ROOF EDGE (1'-0" OVERHANG) NEW ROOF EDGE (1'-0" OVERHANG) EXISTING ROOF EDGE NEW BUILDING WALL NEW BUILDING WALL NEW ROOF EDGE (2'-0" OVERHANG) NEW ROOF EDGE (1'-0" OVERHANG) NEW BUILDING WALL NEW ROOF EDGE (2'-0" OVERHANG) NEW BUILDING WALL PR O P E R T Y L I N E EXISTING STORAGE BUILDING EXISTING ASPHALT PAVEMENT EDGE EXISTING STOOP CONTACT: TITLE: PROJECT NAME: PROJECT NO.: DATE: REVISIONS: SHEET NUMBER: PROJECT: HAUGEN RESIDENCE ADDITION A100 ROOF PLAN - 1/8"=1'-0" (@ 22X34 SHEET SIZE)LOWER LEVEL PLAN - 1/4"=1'-0" (@ 22X34 SHEET SIZE) NN 05/13/2018 GUEST ROOM EGRESS WINDOW STAIR DN ATTICATTIC NEW ROOF BELOW EXISTING ROOF STAIR LANDING GUEST BATH LOFT STAIR UP GARAGE LAUNDRY/MUD ROOM STAIR LANDING KITCHEN 18'-0"X7'-0" OVERHEAD DOOR DINING LIVING ENTRY STA I R D N ENTRY CLOSET EXISTING STOOP EDGE NEW ROOF OVERHANG SHOWN DASHED EXISTING ROOF OVERHANG SHOWN DASHED CONTACT: TITLE: PROJECT NAME: PROJECT NO.: DATE: REVISIONS: SHEET NUMBER: PROJECT: HAUGEN RESIDENCE ADDITION UPPER LEVEL PLAN - 1/4"=1'-0" (@ 22X34 SHEET SIZE)MAIN LEVEL PLAN - 1/4"=1'-0" (@ 22X34 SHEET SIZE) NN A200 05/13/2018