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Home My WebLink About5A 3800 Green Heights Trail Variance - PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 22, 2019 AGENDA #: 5A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDER A RESOLUTION FOR DENIAL OF A VARIANCES FROM THE MINIMUM REAR YARD SETBACK AND MAXIMUM IMPERVIOUS SURFACE REQUIREMENT ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDEN- TIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Scott Thielen owns the property at 3800 Green Heights Trail SW and is request- ing variances from the minimum rear yard setback and maximum impervious sur- face requirement to construct a new dwelling on a single-family residence. The property is located along the eastern shores of Upper Prior Lake, south of Dunkirk Avenue. The following variances are requested: • A 6.9-foot variance from the required minimum 25-foot rear yard setback (Section 1102.405 (3)) • A 7.5% variance from the required maximum impervious surface (Section 1104.306) Regulation Requirement Proposed Variance Rear yard Setback (Minimum) 25’ 18.1’ 6.9’ Impervious Surface (Maximum) 30% 37.5% 7.5% History The Planning Commission held a public hearing on March 25, 2019. The appli- cant and a neighboring property owner spoke during the public hearing. The Planning Commission deliberated on the request and voted to deny the vari- ances, asking that City Staff prepare a resolution of denial based on their findings to be brought to a future Planning Commission meeting for review. ALTERNATIVES: 1. Motion and a second to approve the draft resolution denying the variances requested for 3800 Green Heights Trail with the listed conditions or amend the draft resolution in a way the Planning Commission deems appropriate. ATTACHMENTS: 1. Resolution 19-XXPC 2. Location Map 3. Survey Dated 3-20-19 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-XXPC DENIAL OF A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT AND MINIMUM REAR YARD SETBACK TO CONSTUCT A NEW HOME IN THE R1-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 March 25, 2019 to consider a request from Scott Thielen, the property owner, for a variance from the minimum rear setback and maximum impervious surface requirements in relation to construction of a single-family dwelling on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 3800 Green Heights Trail SW , Prior Lake, MN 55372 Lots 3 and 4, Green Heights (PID 250940030) 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 has reviewed the application for the variances as contained in Case #DEV19-001007 and held a hearing thereon on March 25, 2019; 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 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 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 A practical difficulty does not exist on the property for the requested variances. The 12,400 square foot lot size and the width of the property is adequate for a reasonable house design which would meet the 25-foot minimum rear yard setback and maximum impervious surface of the lot (30% of the total lot area). It is the design elevation and large foot print of the proposed house relating to the size of the lot that is creating the need for the variances. The desire for a large house is not a practical difficulty. A house can be built on the lot within the setbacks and impervious surface requirements and still be quite a substantial structure. 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 purpose of the setback and impervious surface regulations is to protect abutting property from encroachments, to keep structures an appropriate distance from the lake, and to protect the surface water by retaining pervious surface especially near the lake. The granting of variances to allow additional impervious surface and encroachment into setbacks is not in harmony with this purpose. 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. A reasonable house design could be constructed within the 30% impervious surface maximum requirement and minimum rear yard setback requirement at 3800 Green Heights Trail SW . The lot size is 12,400 square feet which is comparable in size and in fact larger than many lakeshore lots within the City. The size of the lot is not unique within the City. Several homes have been built in the City on similar lots, are conforming and maintain a generous structure. A main floor master bedroom and third stall garage are mere conveniences. 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 purpose of the setback and impervious surface regulations is to protect abutting property from encroachments, to keep structures an appropriate distance from the lake, and to protect the surface water by retaining pervious surface especially near the lake. The granting of variances to allow additional impervious surface and encroachment into setbacks would be detrimental to the health and welfare of the public especially relating to surface water protection. 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 impervious surface variance and rear yard setback variance would allow construction of a residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. 3 3. Based upon the findings set forth herein, the Planning Commission hereby denies the following variance based on the above findings to allow a construction of a single-family dwelling in the R-1 (Low Density Residential) Zoning District: a. A 6.9-foot variance from the required minimum 25-foot rear yard setback (Section 1102.405 (3)) b. A 7.5% variance from the required maximum impervious surface (Section 1104.306) PASSED AND ADOPTED THIS 22ND DAY OF APRIL 2019. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Tieman Tschetter Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ GREEN HEIGHTS TRL SW R O O S E V E L T S T S W RAMSEY AV SWINGUADONA BEACH CIR SWUpper Prior Lake Scott County GIS Ü 3800 Green Heights Trail SWVariancesLocation Map UPPER PRIOR LAKE GD(904) SPRING LAKE GD(912.8) BLIND LAKERD (948.7) ARTIC LAKENE (906.7) MARKLEY LAKERD ( ) HOWARD LAKE NE(957.3) CRYSTAL LAKE NE(943.3) Spring Lake Upper Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY