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HomeMy WebLinkAbout4A 15230 Fairlawn Shores Trl SE PC Report - Complete 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JANUARY 14, 2019 AGENDA #: 4A PREPARED BY: PRESENTED BY: AMANDA SCHWABE, PLANNER AMANDA SCHWABE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROV- ING A VARIANCE TO INCREASE THE SIZE OF A NON-CONFORMING LOT ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Matthew Marschall, on behalf of property owners Roy and Danita Marschall, is re- questing a variance to increase the size of a non-conforming lot located at 15230 Fairlawn Shores Trail SE. Roy and Danita Marschall are in the process of purchas- ing an adjacent lot at 15270 Fairlawn Shores Trail SE and would like to reconfigure the property. The lots are located west of Hwy 13, north of Fish Point Road SE and are in the Shoreland Overlay District of Lower Prior Lake. The property at 15230 Fairlawn Shores Trail SE contains a single-family residence, which is occupied by the applicant, and a detached accessory structure. The property at 15270 Fairlawn Shores Trail SE contains a single-family residence. The following variance is re- quested: Regulation Expansion Prohibited A nonconformity shall not be enlarged, extended, expanded or changed in any manner or dimension except to comply with the provisions of this Ordinance (Section 1107.2302 (2)) History The property is zoned R-1 SD (Low Density Residential in Shoreland), and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. Current Circumstances The 15230 Fairlawn Shores Trail SE property is approximately 40,000 square feet in size. The lot is non-conforming as it is approximately 10 feet wide at the front property line, which does not meet the minimum lot width requirement of 86 feet. This lot has been in its current configuration (flag lot) since prior to the adoption of the City Code. The applicant is requesting to combine approximately 38,000 square feet from the adjacent lot to the south (15270 Fairlawn Shores Trail SE) with this lot. If subdivided as proposed, the subject property would increase to approximately 1.80 acres. The existing single-family residence at 15270 Fairlawn Shores Trail SE would remain on a lot of approximately 28,600 square feet and would meet all setback requirements for the R-1 (Low Density Residential) Zoning District. 2 Property Existing Lot Area (Sq. ft.) Proposed Lot Area (Sq. ft.) 15230 Fairlawn Shores Trail SE 40,075 78,075 15270 Fairlawn Shores Trail SE 66,600 28,600 The minimum lot requirements for the R-1 SD (Low Density Residential in Shoreland) Zoning District per Section 1102.400 are as follows: Lot Area (Sq. ft.) Lot Width (ft.) Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.) 12,000 86 25 10 25 Conclusion Approval of this request would allow the applicant to pursue the subdivision of the property at 15270 Fairlawn Shores Trail SE and combination of the westerly half of the lot with 15230 Fairlawn Shores Trail SE. The City Staff believes the variance requested is warranted due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. Therefore, the City Staff recom- mends approval of the requested variance with the following conditions:  The variance resolution shall be recorded at Scott County.  A Survey prepared by a surveyor licensed in the State of Minnesota shall be submitted to the Community Development Department verifying the existing and proposed lot sizes.  The Applicant shall complete the platting requirements per Section 1003 or ob- tain a resolution waiving the requirements from the City Council and complete the Administrative Subdivision per Section 1006 of the City Code. 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 provisions 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 Ordi- nance. This existing lot of record is of substandard width (approximately 10 feet) at the front property line. The property was once the site of the original farmstead and has been in this configuration since prior to the adoption of the City Code. The applicant would like to add the wooded area to his existing lot to preserve the existing trees for privacy. (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 pur- poses of the Ordinance and Comprehensive Plan. A purpose of the Zoning 3 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 enlargement of the property as proposed 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 non-conforming status of this property is not a result of actions by the owner. Any change to the property lines would require a variance. The ap- plicant would like to retain the existing trees for aesthetic purposes. The ex- isting detached garage utilizes the maximum amount of accessory storage space; therefore, additional detached structures would not be permitted on the applicant’s lot. (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 Fairlawn Shores Trail SE neighborhood. Lot sizes in this neighborhood range from .30 acres to 1.06 acres. The proposed enlarged lot should not alter the essential character of the neighborhood or the health and safety of the public welfare. (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 addition of wooded land to an existing residential lot which is permitted in the R-1 SD (Low Density Residential in Shoreland) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variance requested for 15230 Fairlawn Shores Trail SE with the listed conditions. 2. Motion and a second to table or continue discussion of the item for specific pur- pose as directed by the Planning Commission. 3. Motion and a second to deny the variance request because the Planning Com- mission finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative #1. ATTACHMENTS: 1. Resolution 18-XXPC 2. Location Map 3. Site Plan 4. Applicants Narrative 4 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-XXPC VARIANCE TO ALLOW ENLARGING A NON-CONFORMING LOT 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 January 14, 2019, to consider a request from Matthew Marschall on behalf of property owners Ron and Danita Marschall, to approve a variance to allow the enlargement of a non-conforming lot in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 15230 Fairlawn Shores Trail SE, Prior Lake, MN 55372 Legal Description: The South 150 feet of the following described property: Commencing at the Southeast corner of Government Lot 1, Section 36, Township 115, Range 22, Scott County, Minnesota; thence West 600 feet; thence North 300 feet; thence East 600 feet; thence South 300 feet to the place of beginning. EXCEPTING THEREFROM the following described property: Beginning at the Southeast corner of Government Lot 1, Section 36, Township 115, Range 22, Scott County, Minnesota; thence West along the South line of said Government Lot 1 a distance of 350.0 feet; thence North a distance of 125.0 feet; thence East a distance of 350.0 feet to the East line of said Government Lot 1: thence South a distance of 125.0 feet to the point of beginning; and FURTHER EXCEPTING THEREFROM the following: That part of Government Lot 1, Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of said Government Lot 1; thence Westerly along the Southerly line of said Government Lot 1, a distance of 454.80 feet; thence Northerly parallel with the East line of said Government Lot 1, a distance of 150.0 feet; thence Easterly parallel with said Southerly line a distance of 104.80 feet to the point of beginning of the land to be described; thence Southerly parallel with said East line a distance of 10.0 feet; thence Easterly parallel with said Southerly line to its intersection with a line drawn parallel with and distant 33.0 feet Westerly of the centerline of Fairlawn Shores Trail; thence Northeasterly along said parallel line to its intersection with a line drawn Easterly and parallel with said Southerly line from the point of beginning; thence Westerly parallel with said South line a distance of 275.0 feet, more or less, to the point of beginning (PID 259360350); 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- 000042 and held a hearing thereon on January 14, 2019; 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. 2 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 width (approximately 10 feet) at the front property line. The property was once the site of the original farmstead and has been in this configuration since prior to the adoption of the City Code. The applicant would like to add the wooded area to his existing lot to preserve the existing trees for privacy. 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 enlargement of the property as proposed 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 non-conforming status of this property is not a result of actions by the owner. Any change to the property lines would require a variance. The applicant would like to retain the existing trees for aesthetic purposes. The existing detached garage utilizes the maximum amount of accessory storage space; therefore, additional detached structures would not be permitted on the applicant’s lot. 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 Fairlawn Shores Trail SE neighborhood. Lot sizes in this neighborhood range from .30 acres to 1.06 acres. The proposed enlarged lot should not alter the essential character of the neighborhood or the health and safety of the public welfare. 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 addition of wooded land to an existing residential lot which is permitted in the R-1 SD (Low Density Residential in Shoreland) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the variance to Section 1107.2302 (2)) thereby allowing the enlargement of a non-conforming lot in the R-1 SD (Low Density Residential Shoreland) Zoning District. 4. The variance is subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. A survey prepared by a surveyor licensed in the State of Minnesota shall be submitted to the Community Development Department confirming the existing and proposed lot sizes. 3 c. The Applicant or Property Owner(s) shall complete the platting requirements per Section 1003 or obtain a resolution waiving the requirements from the City Council and complete the Administrative Subdivision per Section 1006 of the City Code. PASSED AND ADOPTED THIS 14th DAY OF JANUARY 2019. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Tschetter Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ MAVES TRL SE FAIRLAWN SHORES TRL SEOAK RIDGE CIR SEFISH POINT RD SE SHANNON TRL SEFOREST CIR SEELLEN CIR SEKORTSCH TRL SELower Prior Lake Scott County GIS Ü 15230 Fairlawn Shores Trail 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) BLIND LAKE RD(948.7) ARTIC LAKE NE(906.7) MARKLEY LAKE RD( ) HOWARD LAKE NE (957.3) CAMPBELL LAKE NE(Not Estab.)Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY PROPOSED VARIANCE AREA