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HomeMy WebLinkAbout4C - 3195 Kent Street Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 25, 2022 AGENDA #: 4C PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM SIDE YARD ABUTTING A STREET ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DIS- TRICT DISCUSSION: Introduction Dean and Jodi Scholl, the property owners, are requesting a variance from the mini- mum side yard abutting a street setback for the construction of a residential dwelling on a property located at 3195 Kent Street SE. The property is located north of County Hwy 12 (Spring Lake Road), west of Dewitt Avenue. The requested variance is listed below: · A 12.3-foot variance from the required minimum 25.0-foot setback from the Side yard abutting a street (Section 1141.500 (3)) Regulation Requirement (Feet) Proposed (Feet) Variance (Feet) Side Yard Abutting a Street Setback 25.0 12.7 12.3 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. A single-family dwelling constructed in 1970 was destroyed by fire in February 2022. Current Circumstances The applicant is requesting to rebuild the single-family dwelling that was destroyed by fire in February 2022. As part of the rebuild the applicant requests to add a garage addition, deck addition, and a second story to the dwelling. Side Yard abutting a Street Setback: Subsection 1141.500 (3) allows for a minimum 25-foot setback for a front yard and, by definition, a side yard abutting a street shall meet a front yard setback. The proposed setback of 12.7 feet would maintain the ex- isting setback of the foundation which the applicant proposes to use for the rebuild of the structure. The garage and deck additions will meet all current City Codes, but the applicant would like to add a second story addition to the existing foundation. A review of nearby neighborhood properties with side yards abutting a street identifies four of these property setbacks to be approximately 12 to 20 feet. 2 ISSUES: This project includes a request for variances. Prior Lake City Code 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) Variances shall only be permitted when they are in harmony with the general purposes and intent of the Zoning Code. The granting of the variance is in harmony with the general purposes of the Zon- ing Code. A purpose of the Zoning Ordinance is to “Promote the most appropri- ate and orderly development of the residential, business, industrial, public land, and public areas”. The side yard abutting a street setback would remain the same as the existing. All other City Codes would be meet with the rebuild of the structure. (2) Variances shall only be permitted when they are consistent with the Comprehensive Plan. The granting of the variance is consistent with the Comprehensive Plan and its goal to maintain and improve physical character and identity. This is accomplished by achieving compatible relationships between different types of land uses by utilizing design standards, appropriate buffers, land use transitions, and high-quality design. (3) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. “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 Code, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. In this case the practical difficulty is due to the placement of the existing foundation. This existing foundation is over 32 feet to the nearby street edge which is a typical road to structure separation. Also, the neighborhood has other side yards abutting a street that are similar in distance from 12 to 20 feet, therefore the essential character of the neighborhood will not be altered. (4) Economic considerations alone do not constitute practical difficulties. Economic considerations are not the reason for the variance request. Conclusion City Staff believes variances are warranted and necessary to allow for the rebuild of the single-family home utilizing the existing foundation. Most of the dwelling location is currently located within the City Code setbacks. The applicant desires to maintain the existing side yard abutting a street setback. The essential character of the neigh- borhood will not be altered as neighboring properties have similar side yard abutting a street setbacks. 3 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. ALTERNATIVES: 1. If the Planning Commission finds the requested variances are warranted in this case, a motion and a second to adopt a resolution approving the variance re- quested for 3195 Kent Street SE with the listed conditions or approve any variance the Planning Commission deems appropriate in the circumstances. 2. If the Planning Commission finds the requested variances are not warranted in this case, a motion and a second to deny the variance requested because the Planning Commission finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: 3. If the Planning Commission would like additional information from the applicant about one or more of the requested variances, a 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 22-18PC 2. Location Map 3. Proposed Survey dated 6-24-22 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-18PC VARIANCE FROM THE MINIMUM SIDE YARD ABUTTING A STREET 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 Dean and Jodi Scholl, the property owners, to approve a variance to allow the construction of a single- family dwelling on a property located in the R-1 (Low Density Residential) Zoning District at the following property: 3195 Kent Street SE, Prior Lake, MN 55372 (PID 251330270) Legal Description: Lot 5 & 6, Block 30, 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 #DEV22-000018 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. Variances shall only be permitted when they are in harmony with the general purposes and intent of the Zoning Code. The granting of the variance is in harmony with the general purposes of the Zoning Code. 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”. The side 2 yard abutting a street setback would remain the same as the existing. All other City Codes would be meet with the rebuild of the structure. b. Variances shall only be permitted when they are consistent with the Comprehensive Plan. The granting of the variance is consistent with the Comprehensive Plan and its goal to maintain and improve physical character and identity. This is accomplished by achieving compatible relationships between different types of land uses by utilizing design standards, appropriate buffers, land use transitions, and high-quality design. c. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the Zoning Code. “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 Code, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. In this case the practical difficulty is due to the placement of the existing foundation. This existing foundation is over 32 feet to the nearby street edge which is a typical road to structure separation. Also, the neighborhood has other side yards abutting a street that are similar in distance from 12 to 20 feet, therefore the essential character of the neighborhood will not be altered. d. Economic considerations alone do not constitute practical difficulties. Economic considerations are not the reason for the variance request. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow the rebuild of a single-family dwelling per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 12.3-foot variance from the required minimum 25.0-foot setback from the minimum side yard abutting a street setback (Section 1141.500 (3)) 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 ☐ ☐ ☐ ☐ ☐ DewitteAveSWMonroeAveSWKent St SW 12 42 44 27 21 87 16 23 79 15 18 82 78 17 77 70 83 14 3195 KENT ST SW Variance Location Map ¯ X:\Planning\Location Map\Location Map Template\Location Map Template.aprx 0 300 Feet City of Prior Lake Planning Department Subject Property