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HomeMy WebLinkAbout4C - Variance - 16280 Park Ave SE 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 13, 2022 AGENDA #: 4C PREPARED BY: PRESENTED BY: IAN COCHRAN, PLANNER IAN COCHRAN AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE LAKE SETBACK TO BUILD A DECK DISCUSSION: Introduction Craig Kanis, the property owner, is requesting a variance from the lake setback to allow construction of a deck at 16280 Park Ave SE. The requested variance is listed below: • A 31.9-foot variance from the required minimum 65-foot lake setback as measured using the average of adjacent properties (Section 1130.407 (2)) Regulation Requirement (Feet) Proposed (Feet) Variance (Feet) Lake Setback (adjacent property avg.) 65.0 33.1 31.9 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 (13,817 sq. ft.). The existing house was constructed in 1997. Current Circumstances The applicant is requesting to construct a 14 ft. wide by 12 ft. deep (168 square foot) attached deck on the property. There is currently a deck on the side of the home. Lake Setback: Section 1130.407 (2) states that “on shoreland parcels that have 2 adjacent 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 set-back of the adjacent structures from the Ordinary High Water Level (HWL) or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with.” The adjacent parcels are setback 55 feet and 75 feet so the average of 66 feet applies. The applicant is proposing a setback of 33.1 feet from the 904’ HWL, or a variance of 31.9 feet. ISSUES: This project includes a request for one variance. 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 2 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 is a non-conforming lot and location of the home makes it difficult to build a deck that lies within the buildable area on the lot. (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 includes constructing a modest deck sim- ilar to other decks in the neighborhood and around Prior Lake. (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 applicant has not made any structural changes to the home since purchas- ing it in 2013. (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 Lakeside Park Subdivision nor be detrimental to the health and safety of the public welfare. Other dwellings in the area have decks of similar proportions. (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 attached deck which is allowed in 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. Therefore, City Staff recommends approval of the requested variances with the follow- ing 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. 3 ALTERNATIVES: 1. Motion and a second to adopt a resolution approving the variance requested for 16280 Park Ave SE with the listed conditions. 2. Motion and a second to deny the variance 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 22-15PC 2. Location Map 3. Proposed Survey 4. Written Narrative 5. Application 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-15PC VARIANCE FROM THE LAKE SETBACK TO ALLOW CNSTRUCTION OF A DECK 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 June 13, 2022, to consider a request from Craig Janis, the property owner, to approve a variance from the lake setback to build a deck on a property located in the R-1 (Low Density Residential) Zoning District at the following address: 16280 Park Ave SE, Prior Lake, MN 55372 (PID 250960098) Legal Description: Lakeside Park, Lot 13, Prior Lake, Scott County, Minnesota; and 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 #DEV22-000014 and held a hearing thereon on June 13, 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 is a non- conforming lot and location of the home makes it difficult to build a deck that lies within the buildable area on the lot. 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 2 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 includes constructing a modest deck similar to other decks in the neighborhood and around Prior Lake. 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 applicant has not made any structural changes to the home since purchasing it in 2013. 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 Lakeside Park Subdivision nor be detrimental to the health and safety of the public welfare. Other dwellings in the area have decks of similar proportions. 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 attached deck which is allowed in the R-1 SD Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow construction on a single-family home in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 31.9-foot variance from the required minimum 65-foot lake setback as measured using the 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 13th DAY OF JUNE 2022. _______________________________ David Tieman, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tieman Fleming Kallberg Tschetter Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Pleasant St SE CJCirSE Colorado St SE LakesideAveSEParkAveSE83 18 12 42 44 27 23 79 87 82 17 70 14 21 15 16280 Park Ave SE Variance Location Map ¯ X:\Planning\Location Map\Location Map Template\Location Map Template.aprx 0 300 600 Feet City of Prior Lake Planning Department Subject Property 16280 Park Ave SE, Prior Lake Variance to set back to deck request. Due to our lot being listed by the city as non-conforming, we are requesting a variance to add a deck on to the lakeside of our home. 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. Response: Due to the set-back restrictions imposed on our property ( 65 feet using the averaging method ) we tried going the route of building a ground level deck off the lake side of the home. Due to the nature of our home’s design, the area we need to access the rear of the home is not conducive to have a door as our indoor staircase impedes required floor space. I am including pictures of the interior and exterior area we wanted to use to access the ground level deck. This has been viewed by the city inspector who has said it’s not possible to put a door on the lake side where we’d need it to be to access a ground level deck. Our staircase impedes on a required 3 foot space for any door. This is requiring us to shift our deck and thus requires a variance as the grade where the deck will be built cannot be adjusted to meet the 3 0” maximum height requirement. This forces us to build a deck approximately 6 feet off grade. We are willing to forego stairs from the deck to the ground as we feel that would add a cluttered look. 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. Response: We believe that it’s reasonable to have a deck on a lake home that allows for a table and chairs and a grill. Every one of my neighbors on my street has a deck off the back of their home. We’ve witnessed several homes built as we pontoon on the lake – all inside of where our set back will be ( if the variance is approved ) including some decks at 20-25 feet from the water. 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. Response: We bought the home and have not made any structural changes. We are working with what was there. We feel, and have been told by some city officials, it is a reasonable request to have a deck on a lake home and not a mere luxury item. 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. Response: This structure is very much in line with the other decks that are in the neighborhood. 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. Response: No, the use will not change.