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Home My WebLink About4A_5162 Hope Street PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 11, 2022 AGENDA #: 4A PREPARED BY: PRESENTED BY: IAN COCHRAN, PLANNER IAN COCHRAN AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESI- DENTIAL) ZONING DISTRICT DISCUSSION: Introduction Jason Gould, the property owner, is requesting a variance from the minimum front yard setback and minimum lake setback for construction on an existing dwelling. The prop- erty is located along the southern shores of Lower Prior Lake at 5162 Hope St SE. The requested variances are listed below: • A 2.3-foot variance from the required minimum 25-foot front yard setback (Section 1141.500) • A 5-foot variance from the required minimum 66-foot lake set back as measured using the average of adjacent properties (Section 1130.407 (2)) Regulation Requirement (Feet) Proposed (Feet) Variance (Feet) Front Yard Setback (minimum) 25.0 22.7 2.3 Lake Setback (adjacent property avg.) 66.0 61.0 5.0 History The property is zoned R-1 (Low Density Residential) and is guided R-LD (Urban Low Density) on the 2040 Comprehensive Plan Land Use Map. The property is in the Shoreland Overlay District of Prior Lake. The existing house was constructed in 1977. Current Circumstances The applicant is requesting to renovate the existing dwelling on the property. The esti- mate of the remodel is $291,095 and the valuation of the home is $222,600 which triggers the need for a variance. Front Yard Setback: Section 1141.500 lists the minimum front yard setback require- ment as twenty-five (25) feet. The property owner proposes a front yard setback of 22.7 feet, or a variance of 2.3 feet. Lake Setback: Section 1130.407 (2) states that “on shoreland parcels that have 2 adja- cent parcels with existing principal structures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the Ordinary High Water Level (HWL) or 50 feet, 2 whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with.” The adjacent parcels are setback 57 feet and 75 feet so the average of 66 feet applies. The applicant is proposing a setback of 61 feet from the 904’ HWL, or a variance of 5 feet. ISSUES: This project includes a request for two variances. Section 1152 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 Ordinance. The homeowner is primarily remodeling the inside of the home and therefore is not proposing to expand the footprint of the home, except for a 27.9 square foot covered stoop which is not what the variance is for. The existing lot is a legal non-conformity that will continue to be used in a reasonable manner. (2) The granting of the variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The granting of the variances is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance is to “Promote the most appropriate and orderly development of the residential, busi- ness, industrial, public land, and public areas”. Furthermore, the Shoreland Or- dinance (Section 1130) 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 applicant’s proposed plan sets the structure further back from the lake, so it’s decreasing the legal-nonconforming nature of the property. (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 existing home was built prior to the establishment of the zoning ordinance and is thus a legal non-conformity. (4) 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 granting of the variances will not alter the essential character of the Mitchell Pond Subdivision neighborhood nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have similar front yard and lake setbacks. 3 (5) The granting of the variance 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 for construction in a single-family residential dwelling which is an allowed use within the R-1 SD Zoning District. Conclusion City Staff believes the variances requested are warranted due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. The home is a legal non-conformity, and the granting of this variances brings the prop- erty closer to legal conformity. The 22.7-foot front setback and 61-foot lake setback is similar to homes on Hope St SE. Therefore, 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 com- mencement of construction. ALTERNATIVES: 1. Motion and a second to adopt a resolution approving the variances requested for 5162 Hope St SE with the listed conditions. 2. Motion and a second to deny the variances requested because the Planning Com- mission finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: 3. Motion and a second to table or continue discussion of the item for specific purpose as directed by the Planning Commission. Alternative #1. ATTACHMENTS: 1. Resolution 22-XXPC 2. Location Map 3. Proposed Survey dated 03-14-2022 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-XXPC VARIANCE FROM THE MINIMUM FRONT YARD SETBACK AND LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on April 11, 2022, to consider a request from Jason Would, the property owner, to approve variances to allow construction on a dwelling on a property located in the R-1 (Low Density Residential) Zoning District at the following property: 5162 Hope St SE, Prior Lake, MN 55372 (PID 251550280) Legal Description: Lot O-L, Block D&E, Prior Lake, Scott County, Minnesota. 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 #DEV22-000007 and held a hearing thereon on April 11, 2022; 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 Ordi-nance. The homeowner is primarily remodeling the inside of the home and therefore is not proposing to expand the footprint of the home, except for a 27.9 square foot covered stoop which is not what the variance is for. The existing lot is a legal non-conformity that will continue to be used in a reasonable manner. b. The granting of the variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. 2 The granting of the variances is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance is to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. Furthermore, the Shoreland Ordinance (Section 1130) 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 applicant’s proposed plan sets the structure further back from the lake, so it’s decreasing the legal-nonconforming nature of the property. 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 existing home was built prior to the establishment of the zoning ordinance and is thus a legal non-conformity. d. 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 granting of the variances will not alter the essential character of the Mitchell Pond Subdivision neighborhood nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have similar front yard and lake setbacks. e. The granting of the variance 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 for construction in a single-family residential dwelling which is an allowed use within the R-1 SD Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow construction on a single-family home in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 2.3-foot variance from the required minimum 25-foot front yard setback (Section 1141.500) b. A 5.0-foot variance from the required minimum 66-foot lake setback (as measured using average of adjacent properties) (Section 1130.407 (2)) 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 11th DAY OF April 2022. _______________________________ David Tieman, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tieman Fleming Kallberg Tschetter Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 5162 Hope Street SE Variance Location Map RidgemontAveSERutledge St SE Condons St SE MitchellCi rSEHo p e S t S E 12 77 42 44 27 21 87 16 23 15 18 82 78 17 79 83 14 70 X:\Planning\Location Map\Location Map Template\LOCATION MAP TEMPLATE SP.aprx 0 140 280 420 560Feet Subject Properties Subject Property Lower Prior Lake