HomeMy WebLinkAbout8B - Variance Report 2005
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MARCH 6, 2006
8B
JEFF MATZKE, PLANNER
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF THE 2005 VARIANCE SUMMARY REPORT
Introduction
The purpose of this report is to review and compare 2005 variances to the
Zoning Ordinance.
History
Annually, the staff provides the Planning Commission and the City Council with
a report regarding the number and types of variance requests that have been
considered in the previous year, This report summarizes the variance activity
in 2005, and is intended to provide useful information to the City Council when
considering the need for ordinance amendments or when considering other
variance requests,
The following table is a summary of variance activity for 2005, and a
comparison of activity for the previous 4 years.
Table 1
2005 Variance A
Number of 8 10 12 17 15
Applications
Number of Re uests 17 23 16 40 27
Requests Approved 13 14 10 17 18
Requests Denied 4 9 5 25 10
Requests Incomplete 0 0 1 0 0
Requests in Process 0 0 0 0 1
Re uests Withdrawn 0 0 0 1 0
PC Decisions 2 5 6 7 3
Appealed
PC Decisions 0 0 2 3 1
Overturned
Number Lots in SO 6 8 8 16 9
Number of Riparian 6 6 7 13 9
Lots
Note: If an applicant requested a variance and the Planning Commission
approved a reduction of the original request, then it is represented as
one approved request and one denied request in the tables.
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Table 2 compares the specific types of variance requests in 2005 to the
requests for the four preceding years.
Table 2
Comparison of Variance Reel uests
iA.RIA.NCI!ReQUI!S!J1$ 2005 2004 2008 2002 IIO~
Lot Area 1 3 3 1
Lot Width (Front) 1 1 1
Lot Width (OHW) 1
Front Yard Setback 4 3 5 4 4
Rear Yard Setback 1 3 2 2
Side Yard Setback 2 1 1 2
Side Street Side Yard Setback 2
Side Yard Setback for walls > 50' 1 4 2
Eave Encroachment (5') 2 2
Sum of Side Yard Setback 1 1 1 1 3
15' BuildinQ Separation 2 2 2 2
Structure Setback to OHWM 1 5 5 5
Bluff Setback 2 2 1
Bluff Impact Zone 1 1
Imoervious Surface Coveraae 2 2 1 4
BuildinQ HeiQht 1
Wall Length/Building Height 2
Ratio
Accessorv BuildinQs 1
Drivewav Setback 1 1 1
Drivewav Width 3
Maximum Drivewav Slope 1
Road Access Below the RFPE 2 1 1 1
(907')
Parking Stalls 2
Subdivision of contiguous 1
nonconforminQ lots
Incomolete/PendinalWithdrawn 0 0 1 1 2
The 2005 variance requests are comparable to requests made in the previous
5 years. The majority of the variances were requested to make improvements
to existing single family dwellings in required side, rear and lakeshore sides.
The applications with the largest number of requests were for nonconforming
lots, The Planning Commission was fairly consistent in denying variances
where there were legal alternatives.
In 2005, the City adopted the following amendments to the Zoning Ordinance
text:
1, Section 1109.400 was amended to allow City Council to apply additional
conditions in a decision by the Planning Commission which is appealed to
the City Council.
2. Section 1102.1403 was amended to allow auto/body painting and motor
vehicle service & repair in the C-5 use district.
3, Section 1102,1104 was amended to allow drive-thru windows and drive-in
lanes in the C-3 use district.
4. Section 1102.1400 was amended to allow indoor private entertainment in
the C-5 use district.
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5. Section 1102.1500 was amended to allow recreational domes in the 1-1 use
district.
The amendments adopted in 2005 were intended to address some specific
issues, Most of these amendments will have no affect on the variance
requests received.
The staff has continued to work with applicants to reduce the number of
variance requests by reviewing submitted documents and eliminating requests
through plan redesign when possible,
Current Circumstances
The Planning Commission considered this summary report on February 13,
2005, The Planning Commission concluded that the variances requested were
site specific, At this time there is no need to amend the Zoning Ordinance to
address a recurring issue.
ISSUES:
The number of applications for variances has trended downward over time,
This suggests, first of all, that the staff's effort in working with permit applicants
to identify design alternatives to the variance process has been effective,
Second, this trend suggests the amendments to the ordinance over time have
been effective in addressing concerns within the ordinance. Since a variance,
by definition, is noncompliance with the ordinance, it is desirable the number of
approved variances be minimized to those situations with a defined hardship.
Appeals to the decision of the Planning Commission continue to be low,
suggesting they are doing an effective job in this very difficult area of Zoning
Ordinance administration,
Third, it is no surprise that shoreland properties continue to be the focus of
most variance requests, These are the most highly regulated lots under the
ordinance because of the environmental issues they represent. These lots are
also among the oldest in the City, and tend to be nonconforming in terms of
size and width. These factors result in making building on these lots more
difficult.
Finally, from Table 2, it is apparent the setbacks are the single greatest area of
variance requests for each year,
ALTERNATIVES: 1. Approve the variance summary report as part of the consent agenda.
2. Provide the staff with additional direction.
RECOMMENDED A motion and second to approve the variance summary report as part of the
MOTION: consent agenda is required.
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