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HomeMy WebLinkAbout4B - 3857 Roosevelt St SW Variance - 05 23 2022 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 23, 2022 AGENDA #: 4B PREPARED BY: PRESENTED BY: IAN COCHRAN, PLANNER IAN COCHRAN AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE TO ALLOW A DETACHED ACCESSORY STRUCTURE IN THE FRONT YARD AND FROM THE TOTAL SIDE YARD SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Jake Petersen, the property owner, is requesting a variance allowing a detached ac- cessory structure in the front yard and from the minimum sum of the total side yard setback for construction of a new detached garage. The property is located at 3857 Roosevelt St SW. The requested variances are listed below: • A variance allowing a detached accessory structure to be located in the front yard (Subsection 1141.207(4)e) • A 0.6-foot variance from the required minimum 15-foot foot sum of the side yards on nonconforming lots (Subsection 1123.201(6)a) Regulation Requirement Proposed Variance Accessory Structure Location in R-1 Not in front yard In front yard Location Sum of Side Yard Setback (nonconforming) 15.0 ft 14.4 ft 0.6 ft 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 and is a nonconforming lot. The existing house was constructed in 1940. Current Circumstances The applicant is requesting to construct a 14 ft. wide by 24 ft. deep (336 square foot) single car detached garage on the property. The current home does not have a garage. The front lot width is 46.41 feet, the lot is a little over 127 feet long, and the total lot area is 6,058 square feet. These are the circumstances making the property a legal nonconforming lot. The existing impervious surface coverage on the lot is at 43.12%. The property owner is proposing to reduce the impervious surface coverage to 22.42%. The reduction in impervious surface is primarily a result of replacing the existing 1,722 square foot gravel driveway with a 317 square foot paved driveway. 2 Accessory Structure Location: Section 1141.207(4)e of Prior Lake’s Residential Performance Standards states detached accessory structures shall be located to the side or rear of the principal building. The property owner is proposing placing a detached garage within the front yard because there is not sufficient room in the side or rear yard for the garage. Sum of Side Yard Setback: Prior Lake City Code Subsection 1123.201(6)a states non- conforming lots of record in the R-1 and R-2 Zoning Districts may have side yards of not less than five (5) feet if the sum of the side yards on the nonconforming lot is at least fifteen (15) feet. The applicant is proposing a side yard setback sum of 14.4 feet, or a variance of 0.6 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 lot width of the property is only 46.31 feet which almost half as much as the standard 86-foot width required for non-riparian lots in the shoreland district. Due to the depth of the lot, if the garage was placed in the side of rear yard the con- struction of the driveway for the garage would lead to an impervious surface coverage over 30%. 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 reduces the impervious surface cover- age on the lot from 43.12% to 22.42%, decreasing 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. 3 (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 Green Heights Subdivision nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have garages and front setbacks closer than what is being proposed for this detached accessory structure. (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 of an accessory structure on a property with a principal structure and continue the residential use allowed within the R-1 SD Zoning District. Conclusion City Staff believes the variances requested is 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 nonconformity, and the granting of this variances decreases the degree to which the property is nonconforming by reducing the impervious surface coverage on the lot. Therefore, City Staff recommends approval of the requested vari- ances 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 3857 Roosevelt St SW 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 22-13PC 2. Location Map 3. Proposed Survey dated 04-16-2022 4. Application 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-13PC VARIANCE TO ALLOW A DETACHED ACCESSORY STRUCTURE IN THE FRONT YARD AND FROM THE TOTAL SIDE YARD SETBACK ON A PROPERTY LOCATED 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 May 23, 2022, to consider a request from Jake Petersen, 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: 3857 Roosevelt St SW, Prior Lake, MN 55372 (PID 250940211) Legal Description: Green Heights, Lot 29, 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 #DEV22-000009 and held a hearing thereon on May 23, 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 Ordinance. The lot width of the property is only 46.31 feet which almost half as much as the standard 86-foot width required for non-riparian lots in the shoreland district. Due to the depth of the lot if the garage was placed in the side of rear yard the construction of the driveway for the garage would lead to an impervious surface coverage over 30%. The existing lot is a legal non-conformity that will continue to be used in a reasonable manner. 2 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. 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 reduces the impervious surface coverage on the lot from 43.12% to 22.42%, decreasing 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. 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 Green Heights Subdivision nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have garages and front setbacks closer than what is being proposed for this detached accessory structure. 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 of an accessory structure on a property with a principal structure and continue the residential use allowed 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 variance allowing a detached accessory structure to be located in the front yard (Section 1141.207(4)e) b. A 0.6-foot variance from the required minimum 15-foot foot sum of the side yards on nonconforming lots (Section 1123.201(6)a) 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 23rd DAY OF May 2022. _______________________________ David Tieman, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tieman Fleming Kallberg Tschetter Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 3857 Roosevelt St SW Location Map