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Home My WebLink About4A 6500 Glascow Trail SE - Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 25, 2022 AGENDA #: 4A PREPARED BY: PRESENTED BY: IAN COCHRAN, PLANNER JEFF MATZKE, PLANNER AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Lito Mejia, the property owner, is requesting a variance from the minimum lake setback for construction on an existing dwelling. The property is located along the eastern shores of Lower Prior Lake at 6500 Glascow Trail SE. The requested variance is listed below: Regulation Requirement (Feet) Proposed (Feet) Variance (Feet) Lake Setback 75 35.0 40.0 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 Lower Prior Lake. The existing house was constructed in 1967 and has not been added onto since its construction. Current Circumstances The applicant is requesting to add a 1,238 square foot addition connected via a 10- foot-long x 8.2-foot-wide breezeway to the existing home. The existing structure is lo- cated 35 feet from the Ordinary High Water Level (OHWL); the addition is proposed to be located 64.1 feet from the OHWL. The estimated cost of the addition is greater than 50% of the current Scott County Estimated Market Value of the existing structure ($175,200) which triggers the need for a variance. Lake Setback: Subsection 1130.402(4) of the Prior Lake Shoreland Ordinance states the setback requirements for recreational development lakes is 75 feet. The adjacent homes are roughly 60 feet and 100 feet from the OWHL. so the rule of averaging does not apply. The applicant is proposing to construct an addition to the home with a setback of 64.1 feet from the OHWL and maintain the existing setback of 35 feet from the 904’ OHWL for the current structure, or a variance of 40 feet. ISSUES: This project includes a request for a variance from the 75-foot lake setback. Section 1152 of Prior Lake City Code 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 proposed addition is setback 64.1 feet from the lake and will not be the section of the home closest to the OWHL. The need for the variance request is due to the existing home resting 35 feet from the OHWL. (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 variance is in harmony with the general purposes of the Or- dinance and Comprehensive Plan. A purpose of the Zoning Ordinance is to “Pro- mote 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 is in harmony with the purposes of the ordinance and comprehensive plan. (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 the addition is not the area of the principal structure closest to the OHWL. The applicant has worked with staff to create a plan that meets all other terms of the zoning ordinance. (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 neigh- borhood nor be detrimental to the health and safety of the public welfare. The nonconforming element of the home is not being changed so the character of the home will remain similar to the existing home and to homes surrounding it. (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 the construction of an addition in a single-family residential dwelling which is an allowed use within the R-1 SD Zoning District. 3 Conclusion City Staff believes the variance requested is warranted due to the findings stated above. 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 variance requested for 6500 Glascow Trail 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 22-17PC 2. Location Map 3. Survey / Proposed Plan dated 06/24/2022 4. Architectural Renderings 5. Variance Application 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-17PC VARIANCE FROM THE 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 July 25, 2022, to consider a request from Lito Mejia, the property owner, to approve a variance to allow construction on a dwelling on a property located in the R- 1 (Low Density Residential) Zoning District at the following property: 6500 Glascow Trail SE, Prior Lake, MN 55372 (PID 259300090) Legal Description Summary: Section 30, Township 115, Range 21 | P/O GL7 COM SW COR SW1/4 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 #DEV22-000021 and held a hearing thereon on July 25, 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 proposed addition is setback 64.1 feet from the lake and will not be the section of the home closest to the OWHL. The need for the variance request is due to the existing home resting 35 feet from the OHWL. 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 variance 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 is in harmony with the purposes of the ordinance and comprehensive plan. 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 the addition is not the area of the principal structure closest to the OHWL. The applicant has worked with staff to create a plan that meets all other terms 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 neighborhood nor be detrimental to the health and safety of the public welfare. The nonconforming element of the home is not being changed so the character of the home will remain similar to the existing home and to homes surrounding it. 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 the construction of an addition 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 40-foot variance from the required minimum 75-foot lake setback (Section 1130.402 (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 25th DAY OF JULY 2022. _______________________________ David Tieman, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tieman Fleming Kallberg Tschetter Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ G lascow TrlSE12 42 44 27 87 83 18 23 79 82 17 14 21 6500 GLASCOW TRL 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 Glascow Addition612.840.5622 DESIGN |BUILD CITY STAMP john@hyrbuilding.com talyssa@hyrbuilding.com www.hyrbuilding.com DATE REVISION # COPYRIGHT HYR BUILDING LLC DRAWN BY JOHN SHANNON 8 2721 Bryant Ave S Minneapolis MN 55408 BUILDING OF 23 6500 Glascow Trail SEPrior Lake, MN 55372A201 Elevations -9'-10" Lower Level ±0" Entry Level +10'-0" Main Level +25'-0" Roof Level -9'-10" Lower Level ±0" Entry Level +10'-0" Main Level +25'-0" Roof Level -9'-10" Lower Level ±0" Entry Level +10'-0" Main Level +25'-0" Roof Level -9'-10" Lower Level ±0" Entry Level +10'-0" Main Level +25'-0" Roof Level SCALE: 1/4" = 1'-0" 1 Proposed Rear Elevation A201 0 2'4'8' SCALE: 1/4" = 1'-0" 1 Proposed Front Elevation A201 0 2'4'8'