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HomeMy WebLinkAbout4A 14453 Glendale Variance PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 13, 2019 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION AP- PROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM STRUTURE SETBACK TO THE ORDINARY HIGH WATER (OHW) MARK OF PRIOR LAKE FOR A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT DISCUSSION: Introduction Brian Wenngatz, the applicant and property owner at 14553 Glendale Avenue is requesting variances from the minimum front yard setback and minimum struc- ture setback to Lower Prior Lake to construct a new single-family dwelling. The property is located in Boudins Bay, along the eastern shores of Lower Prior Lake, north of Rustic Road NE. The following variances are requested: • A 15-foot variance from the required minimum 25-foot front yard setback (Section 1102.504) • A 15.1-foot variance from the required minimum 75-foot structure setback to the ordinary high water mark of Lower Prior Lake (Section 1104.302 (4)) Regulation Minimum Proposed Variance Front Yard Setback 25’ 10’ 15’ Lake Setback 75’ 59.9’ 15.1’ 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. Current Circumstances The property is 30,972 square feet in size with a single-family residence that was built in 1969. The applicant is requesting to construct a new single-family dwelling on the property. Front Yard Setback: The southern property line borders upon a public right-of- way that was platted with Oakland Beach 2nd Addition. A roadway was never placed in the area and no public utilities exist in the right-of-way. City engineering staff does not anticipate the need for a street within this right-of-way in the future. 2 Lake Setback: Subsection 1104.302 (4) lists the setback requirements for ripar- ian lots. Setbacks are measured from the Ordinary High Water (OHW) mark which is the 904 elevation of Upper Prior Lake. Averaging is permitted on shoreland lots that have 2 adjacent lots with existing principal structures. Aver- aging would allow any new residential structure or addition to an existing structure to be setback the average of the adjacent structures from the OHW or 50 feet, whichever is greater. The properties within 150 feet of the subject property are setback further from the OHW therefore, setback averaging does not apply. At the closest point, the existing house lies 44 feet from the 904 elevation of Prior Lake. The applicant proposes a new house setback of 59.9 feet thereby increas- ing the existing nonconforming setback distance by over 15 feet. Conclusion The City Staff believes the variances requested are warranted due to the lot con- straints unique to the property and practical difficulties as stated in the findings in this report. The property is bordered by the lake on both the north and east sides. Through design revisions the applicant has shifted the proposed dwelling foot- print to the south and west, further from the lake (warranting the need for the front yard setback variance request). Therefore, 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: (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 lot has an existing residence which pre-dates the City Code and lies in a nonconforming setback distance (44 feet) from Lower Prior Lake. The proposed house is setback over 15 feet further (59.9 feet) from the OHW than the existing house. A front yard setback distance of 25 feet is required from the southern property line, however, this lot line is more characteristic of a typical side lot line (with 10-foot setback) due to the lack of public street or infrastructure in the area. 3 (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 proposed variance requests are in harmony with these purposes and policies since the appli- cant has proposed a reasonable dwelling in the most reasonable location on the property that has minimal impact in proximity to the lake and adja- cent properties. (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. Due to aspect of the lake on the north and east side of the property, a limited buildable area exists on the site. The uniqueness of the right-of- way (without a street or utilities) to the south also presents a practical dif- ficulty for the property. (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 Glendale Avenue neighborhood nor be detrimental to the health and safety of the public welfare. The applicant has chosen to locate the proposed house in the southwestern corner of the property so that it is further from the lakeshore and does not further restrict lake views of the adjacent neighboring properties. (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 construction of a new single- family residential dwelling which is an allowed use within the R-1 SD (Low Density Residential in Shoreland) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re- quested for 14553 Glendale Avenue 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 variances requested 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 19-XXPC 2. Location Map 3. Survey Dated 1-15-19 4. Narrative from Applicant 5. Letter of Support from Adjacent Property Owner 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-XXPC VARIANCE FROM THE MINIMUM FRONT YARD SETBACK MINIMUM STRUTURE SETBACK TO THE ORDINARY HIGH WATER (OHW) MARK OF PRIOR LAKE FOR 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 May 13, 2019, to consider a request from Brian Wenngatz, to approve variances from the minimum front yard setback and minimum structure setback to Lower Prior Lake to construct a new single-family dwelling located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: 14553 Glendale Avenue NE, Prior Lake, MN 55372 PID 259301100 Legal Description: That part of Government Lot 6, Section 30, Township 115, Range 21, Scott County, Minnesota described as follows: Beginning at the Northeast corner of the plat of Oakland Beach 1st Addition: thence West (assumed bearing) along the North line of said plat a distance of 140.22 feet; thence North at right angles a distance of 245.83 feet to the intersection with a line, said line being described as commencing at the intersection of the East and West quarter line running through said Section 30 with the Government meander line; thence running in a straight line and in a Northwesterly direction to the most Easterly corner of Lot 5 in the plat of Boudin’s Manor Second Addition; thence Southeasterly along afore described line a distance of 141.20 feet to the intersection with a line which bears North from the point of beginning; thence South a distance of 229.26 feet to the point of beginning. And That part of Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of Oakland Beach 5th Addition, thence north along the east line of said Oakland beach 5th Addition to the Northeast corner thereof and the point of beginning of the land to be described; thence deflecting to the right 25 degrees 00 minutes to the shore line of Prior Lake; thence southeasterly and easterly along said shore line to its intersection with the flowing described line: Commencing at the intersection of the East and West quarter line running through said Section, with the Government meander line; thence in a straight line and in a northwesterly direction to the most easterly corner of Lot 5 Boundin’s Manor 2nd Addition, and said line there terminating, said last described line to be hereinafter referred to as the “Court Judgement Line”; thence westerly along said “Court Judgment Line” to the point of beginning. And An easement for ingress and egress over: That part of Lot 1, Block 1, Oakland Beach 5th Addition, Scott County, Minnesota, which lies southeasterly of the following described line: Beginning at a point on the south line of Lot 1, 20 feet westerly of the southeast corner of said Lot 1, the point of beginning of the line to be described; thence northeasterly to a point on the east line of said Lot 1, 20 feet northerly of the southeast corner of said lot 1, and said line there terminating. WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and 2 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 #DEV19-0000010 and held a hearing thereon on May 13, 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. 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 lot has an existing residence which pre-dates the City Code and lies in a nonconforming setback distance (44 feet) from Lower Prior Lake. The proposed house is setback over 15 feet further (59.9 feet) from the OHW than the existing house. A front yard setback distance of 25 feet is required from the southern property line, however, this lot line is more characteristic of a typical side lot line (with 10-foot setback) due to the lack of public street or infrastructure in the area. . 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 proposed variance requests are in harmony with these purposes and policies since the applicant has proposed a reasonable dwelling in the most reasonable location on the property that has minimal impact in proximity to the lake and adjacent properties. 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. Due to aspect of the lake on the north and east side of the property, a limited buildable area exists on the site. The uniqueness of the right-of-way (without a street or utilities) to the south also presents a practical difficulty for the property. 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 Glendale Avenue neighborhood nor be detrimental to the health and safety of the public welfare. The applicant has chosen to locate the proposed house in the southwestern corner of the property so that it is further from the lakeshore and does not further restrict lake views of the adjacent neighboring properties. 3 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 construction of a new single-family residential dwelling which is an allowed use within 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 following variances to allow the construction of a single-family residential dwelling in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 15-foot variance from the required minimum 25-foot front yard setback (Section 1102.504) b. A 15.1-foot variance from the required minimum 75-foot structure setback to the ordinary high water mark of Lower Prior Lake (Section 1104.302 (4)) 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 13TH DAY OF MAY 2019. _______________________________ Bryan Fleming, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Fleming Kallberg Tschetter Ringstad Tieman Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Lower Prior Lake Scott County GIS Ü 14553 Glendale Avenue SE Variance Location Map LOWER PRIOR LAKEGD(904) PIKELAKENE(820.5) MYSTICLAKENE HAASLAKENE(907.3) ARTICLAKENE(906.7) Lower Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY EXHIBIT “B” DESCRIPTION OF PROPOSED PROJECT We are the Wenngatz family. We are a family of five including three children ages 10, 9, and 6 and have lived in Prior Lake since 2009. We purchased the property at 14553 Glendale Avenue SE in December of 2018. Since then we’ve been working on architecture plans to replace the existing aging structure with investment in a new a slab-on-grade, two-level home. During that process we have discovered several challenges related to setback requirements of the parcel. We shared these challenges with the City Planning Office for their review of the circumstances and guidance on if a variance request would be appropriate. As a result, we are respectfully requesting the Commission’s review of the application and approval of variances to rear and OHW Building Setback Requirements per the City Zoning Ordinance. The unique property for this proposed project imposes OHW setback requirements on two sides of the rectangular parcel. One on the North side and another on the Eastern side. Further, the OHW, as surveyed, is several feet inside the actual lakeshore line along the full lake frontage of the parcel. The dual 75 ft. OHW setbacks enforce a narrow buildable area and have created challenges to draft plans that 1) fit within the buildable area and 2) do not impose hardship on adjacent neighbors. To address both points, we are requesting that the Planning Commission approve variances of 15.1 ft. to the Eastern OHW (from 75 ft. to 59.9 ft.) and 15 ft. to the Southern (rear) property line (from 25 ft. to 10 ft.). The OHW setback along the Eastern property line requires the new structure to extend along the Western property line up a narrow corridor of buildable area. A structure built within these constraints would impose a hardship for the property owners of the adjacent lot significantly reducing their current sightline of the lakefront. The elevation of the lot also introduces requirements for a slab-on-grade home spreading the building footprint across two levels. After meeting with the city planning staff and learning that the Southern (rear) property line is adjacent to land marked on the survey as Right of Way, it was suggested to consider a 15 ft. variance to the Southern (rear) setback as it would help two areas – 1) minimizing the lakeview hardship on the Southwest property line neighbors pulling the proposed residence further South and 2) moving the proposed residence further away from the Eastern OHW. We appreciate your review of this request. The uniqueness of the buildable area requirements combined with the lot elevation have created practical difficulties to comply with the terms of the Ordinance. Granting the variance will avoid any hardship imposed for the project on the neighbors located on the Southwest property line. The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The proposed residence will be 16 ft further away from the Eastern OHW than the existing structure. Thank you. Brian and Tiffany Wenngatz 4/22/2019 Dennis and Sharyn Maas 14545 Glendale Ave SE Prior Lake MN 55372 To the City of Prior Lake First, we look forward to Brian and Tiffany Wenngatz being our new neighbors. We have reviewed the Description of Proposed Project attached which we received on 4/21/2019. We are grateful that Brian and Tiffany are giving consideration of our view of beautiful Prior Lake as they make plans for their new home. Therefore, we endorse and agree with the plan described in the attachment and hope that it will be approved by the City. We are traveling and will not be able to attend the meeting where the project will be discussed. Sincerely, Denny and Sharyn Maas Dsmaas8@gmail.com