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HomeMy WebLinkAbout4A 14313 Watersedge Trl NE - Variance - PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 24, 2018 AGENDA #: 4A 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 FRONT YARD SET- BACK FOR A PROPERTY IN THE R-1SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction David Kurschner, Larson Custom Remodeling (applicant), on behalf of Brian and Jennifer Matthews (property owners), is requesting a variance from the minimum front yard setback to allow the replacement of a detached accessory structure on a property located at 14313 Watersedge Trail NE. The property is a through lot with frontage on both Watersedge Trail NE and Rutgers Street NE. The property contains a single-family home and detached garage. The following variance is requested: • A 7-foot variance from the minimum 25-foot minimum front yard structure set- back (Section 1102.405 (3)) Regulation Minimum Proposed Variance Front Yard Setback 25’ 18’ 7’ History The property is zoned R-1SD (Low Density Residential Shoreland) and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. The property is part of the Boudin’s Manor plat from 1950 and contains a single-family home and detached garage. The existing structures on the property were con- structed in the mid-late1950’s. A wooden ramp system provides access from the rear of the residence to a service door on the west side of the detached garage. Current Circumstances The existing detached garage is 24 feet by 24 feet (576 square feet) with a single garage door and two service doors (one facing Rutgers Street and the other on the west side of the structure facing the residence). The property owners’ son resides at the property and utilizes a wheelchair. The family also owns a vehicle with an extension ramp, which is necessary so their son can enter and exit the vehicle. The existing garage size and configuration does not allow their vehicle to enter the garage and utilize the ramp. Therefore, to get into the residence, the property owners park and unload their vehicle in the driveway then walk through the building to get to the service door where the ramp begins. As a result, they are not able to utilize the garage for vehicle parking in a traditional fashion. 2 The proposed garage would maintain the existing front yard and westerly side yard setback to allow continued use of the existing ramp. Apart from the front yard setback, the proposed garage meets the other requirements of the City Code. The applicant and property owner reviewed other options including attaching a garage to the residence. In addition to being more expensive, other options would require the proposed garage to be reduced in size to meet side yard set- back requirements for an attached garage (10 feet), extensive interior remodeling of the residence, as well as additional impervious surface as the driveway would likely need to be reconfigured. Front Yard Setback: The proposed detached garage (993 square feet) will be placed at the same front yard setback as the existing garage. This placement allows for a tandem third stall to be constructed for storage and vehicle parking while providing adequate space to park a vehicle in front of the garage without encroaching into the street. Conclusion The City Staff believes the variance requested is warranted due to the lot con- straints unique to the property and practical difficulties as stated in the findings in this report, including but not limited to: limited buildable area for a detached gar- age due to having frontage on two streets which require a minimum 25-foot set- back for each, the need to utilize the existing ramp to provide access to the resi- dence from the garage, and the location in the Shoreland Overlay District/imper- vious surface requirements. Therefore, the City Staff recommends approval of the requested 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: (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 residential property was platted in 1950 and has unique characteristics including its location between two residential streets and that the residence does not have an attached garage. The proposed gar- age placement allows for continued use of the existing ramp system and access from a garage to the residence for their disabled son as well as additional storage space. 3 (2) The granting of the Variances is 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 replacement of a detached garage to allow for vehicles to park inside the garage and for additional storage purposes is in harmony with these purposes and poli- cies. (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. This through street property and existing garage configuration with a single door are practical difficulties not resulting from actions of the property own- ers. The proposed garage configuration and placement is not a mere con- venience, rather it allows for vehicle storage inside of the structure and shelter for the transportation of their disabled family member. (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 Watersedge Trail NE/Rutgers Street NE neighborhood. There are other properties in this area with similar lot conditions and detached accessory structures. (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 construction of a detached accessory structure which is an allowed accessory use within the R-1SD (Low Density Residential Shoreland) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variance re- quested for 14313 Watersedge 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. 4 RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Resolution 18-XXPC 2. Location Map 3. Narrative 4. Proposed Survey dated 8-29-18 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-XXPC VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A DETACHED ACCESSORY STRUCTURE ON A PROPERTY IN THE R-1SD (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 September 24, 2018, to consider a request from David Kurschner, Larson Custom Remodeling (applicant), on behalf of Brian and Jennifer Matthews (property owners) for a reduced front yard setback to allow the replacement of a detached accessory structure located in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 14313 Watersedge Trail NE, Prior Lake, MN 55372 Legal Description: Lots 53 and 54, Boundin’s Manor, Scott County, Minnesota. (PID 251190460) 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 #DEV18-000034 and held a hearing thereon on September 24, 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 2 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 residential property was platted in 1950 and has unique characteristics including its location between two residential streets and that the residence does not have an attached garage. The proposed garage placement allows for continued use of the existing ramp system and access from a garage to the residence for their disabled son as well as additional storage space. b. The granting of the Variances is 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 replacement of a detached garage to allow for vehicles to park inside the garage and for additional storage purposes 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. This through street property and existing garage configuration with a single door are practical difficulties not resulting from actions of the property owners. The proposed garage configuration and placement is not a mere convenience, rather it allows for vehicle storage inside of the structure and shelter for the transportation of their disabled family member. 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 Watersedge Trail NE/Rutgers Street NE neighborhood. There are other properties in this area with similar lot conditions and detached accessory structures. 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 construction of a detached accessory structure which is an allowed accessory use within the R-1SD (Low Density Residential Shoreland) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow construction of a detached accessory structure in the R-1SD (Low Density Residential Shoreland) Zoning District: a. A 7-foot variance from the minimum 25-foot minimum front yard structure setback (Section 1102.405 (3)) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. 3 b. A Demolition Permit shall be obtained prior to removal of the existing structure. c. A Building Permit shall be obtained prior to commencing construction of the proposed structure. PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2018. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Peterson Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ R U T G E R S S T N E W A T E R S E D G E T R L N E Lower Prior Lake Scott County GIS Ü 14313 Watersedge Trail NE Variance Location Map LOWER PRIOR LAKEGD(904) PIKELAKENE(820.5) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY 6850 Cleary Pl, Prior Lake, MN 55372 | 952-250-4925 | lcrdavek@gmail.com 8/31/18 Re: Brian & Jennifer Matthews Garage Improvement 14313 Watersedge Trail NE Prior Lake, MN 55372 To whom it may concern: We are applying for a variance on behalf of the Matthews family. They have a handicap son and a special vehicle that has an extension ramp so that he can enter and exit their vehicles. The garage that is currently at the residence is a standard sized garage but is too small to allow their vehicle to enter the garage and also utilize the ramp. Since the ramp to the home comes from the rear of the home to the side of the existing garage area, they currently have to unload their vehicle in the driveway and then leave it in the driveway while walking through the building to get to the service door where the ramp begins. This does not allow them to use the garage as intended including entering and exiting within shelter. The Matthews wish to increase the size of their garage to accommodate handicap access as well as increasing their capacity for storage and vehicle parking. With our current plans, everything complies with city and state code except for the setback distance requirements from the street (which is where the building currently sits and has for many years). The yard of this home is unique in that it has a street on both sides of it. So, the garage sits in the back yard of the residence. When looking in the neighborhood, there are many homes that have their garages closer than the 25ft setback now instituted. In developing plans to upgrade the garage, we explored every option possible to comply with setback restrictions including attaching a newly built garage to the home. This is both extremely expensive and blocks the ability to walk around the home from within the back yard. The layout of the home makes attachment impractical due to the need to utilize their handicap ramping already in place. Also, the current exterior door and interior room configurations don’t align with entering the home from the garage. The best solution is what we have planned and are presenting to allow entering the home through the rear entrance. Thank you for your consideration, Dave Kurschner Larson Custom Remodeling