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Home My WebLink About4D - Variance - 2733 Spring Lake Road 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 13, 2022 AGENDA #: 4D PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM DIRVEWAY WIDTH ON A PROPERTY LO- CATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction David and Melissa Fox, the property owners, are requesting a variance from the max- imum driveway width for construction of a new dwelling. The property is located along the northern shores of Spring Lake. The requested variance is listed below: · An 11.0-foot variance from the required maximum 24-foot driveway width (Section 1146.900 (8)) Regulation Requirement (Feet) Proposed (Feet) Variance (Feet) Driveway Width (maximum) 24.0 35.0 11.0 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 the 1967. On February 14, 2022, the property owner received approval of a variance to allow a 28.5-foot-wide driveway (along with a front yard variance). Upon finalizing the design of the house, the applicant chose to increase the driveway width near the house to accommodate 3 individual single garage doors rather than a single garage door and a double garage door. The driveway width near the street will still be less than 24 feet wide. (The City Code maximum requirement.) Current Circumstances The applicant is requesting to remove the existing dwelling and place a new dwelling on the property. Driveway Width: The maximum allowed driveway width at the front property line is 24.0 feet. The property owner proposes a width of 35.0 feet due to the short length of driveway between the proposed garage and the front property line. ISSUES: This project includes a request for 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: 2 (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 large right-of-way area for Spring Lake Road (Hwy 12) is greater than 50 feet in width. This is unique for a street with many residential dwellings. Typical right-of-way areas are 8-10 feet in width from the front property line to the street surface. The Scott County Highway Department does not support a request to vacate a portion of the right-of-way because utility lines are located within the large right-of-way area. (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.” (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 abnormally large 50-foot wide of right-of-way adjacent to the property is a practical difficulty. The dwelling is proposed 55 feet from the road surface of Spring Lake Road which is more than standard for the residential area. The driveway width will be less than 24 feet wide at the street. (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 Spring Lake Road neighborhood nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have similar nonconforming drive- way widths setbacks. (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 the construction of a single-family residential dwelling which is an allowed use within the R-1 SD Zoning District. 3 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 large right-of-way area for County Highway 12 is greater than 50 feet in width. This is unique for a street with many residential dwellings. The distance from the house to the front property line would remain the same as previously proposed at 5.0 feet (in other words, the same approved front yard setback.) The impervious surface will re- main under the City Code maximum requirement of 30% of the total lot area. There- fore, 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 2733 Spring Lake Road 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-XXPC 2. Location Map 3. Proposed Survey 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-XXPC VARIANCE FROM THE MAXIMUM DRIVEWAY WIDTH 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 June 13, 2022, to consider a request from David and Melissa Fox, the property owners, to approve variances to allow the construction of a dwelling on a property located in the R-1 (Low Density Residential) Zoning District at the following property: 2733 Spring Lake Road, Prior Lake, MN 55372 (PID 251330750) Legal Description: Lot 2, Block 46, Spring Lake Townsite, 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 #DEV22-000016 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 large right- of-way area for Spring Lake Road (Hwy 12) is greater than 50 feet in width. This is unique for a street with many residential dwellings. Typical right-of-way areas are 8-10 feet in width from the front property line to the street surface. The Scott County Highway Department does not support a request to vacate a portion of the right-of-way because utility lines are located within the large right-of-way area. 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.” 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 abnormally large 50-foot wide of right-of-way adjacent to the property is a practical difficulty. The dwelling is proposed 55 feet from the road surface of Spring Lake Road which is more than standard for the residential area. The driveway width will be less than 24 feet wide at the street. 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 Spring Lake Road neighborhood nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have similar nonconforming driveway widths 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 the construction of a single-family residential dwelling which is an allowed accessory 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 the construction of a single-family home in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. An 11.0-foot variance from the required maximum 24-foot driveway width (Section 1146.900 (8)) 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 ☐ ☐ ☐ ☐ ☐ 2733 Spring Lake Road SW Variance Location Map Center R d S W Northwood Rd NW12 12 77 44 42 27 21 87 16 23 15 18 82 78 17 79 83 14 70 X:\Planning\Location Map\Location Map Template\2733 Spring Lake Rd SW.aprx 0 80 160 240 320 Feet Subject Property Subject Property SPRING LAKE