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HomeMy WebLinkAbout4A - 15283 Fairbanks Trail Variance PC agenda packet O� PRIOR U 4646 Dakota Street SE Prior Lake,MN 55372 �INNES��P PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 10, 2023 AGENDA#: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM SUM OF THE SIDE YARD SETBACKS ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DIS- TRICT DISCUSSION: Introduction Terry and Rhonda Olynyk, the property owner, are requesting a variance from the min- imum sum of the side yard setbacks for construction of a new dwelling. The property is located at 15283 Fairbanks Trail NE along the shores of Lower Prior Lake. The re- quested variance is listed below: • A 2.0-foot variance from the required minimum sum of the side yard setbacks on a nonconforming lot. (Subsection 1123.201 (6)) Regulation Requirement Proposed Variance Sum of the Side Yard Setbacks 15.0 ft. 13.0 ft. 2.0 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. The existing house was originally constructed in 1965. Current Circumstances The applicant is requesting to remove the existing dwelling and construct a similar dwelling size on the property. Side Setback: Subsection 1123.201 (6) states the following: Nonconforming 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 following criteria are met: ➢ The sum of the side yards on the nonconforming lot is at least fifteen (15) feet. ➢ No yard encroachments, as permitted below, are located within five (5) feet of an adjoining lot. ➢ A minimum separation of fifteen (15) feet is maintained between all principal structures on the nonconforming lot and on the adjoining lot. The property owner wishes to center the proposed house across the width of property. The house is 24 feet wide, and every part of the structure meets the side yard setbacks except for the stoop at the main entrance which, by definition, is part of the house and is required to meet the side yard setback. The stoop is 8.0 feet from the side property line and the remainder of the house is 10.3 feet from the side yard. The opposite side yard setback is 5.0 feet. The applicant proposes to eliminate the following existing dwelling nonconformities with the proposed construction: • 36.6% impervious surface which is above the 30% of the total lot area require- ment (29.1% proposed) • 3.0-foot side yard setback on the west side of the property (5.0 feet proposed) • 34-foot driveway width (24 foot proposed) ISSUES: This project includes a request for a 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) 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 Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance is to "Promote the most appropriate and orderly development of the residen- tial, 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." 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. There are practical difficulties in complying with the strict terms of the Ordi- nance. The narrow lot width (40 feet) results in a limited area for placement of a dwelling that would meet the required side yard setbacks. The pro- posed dwelling will be in more compliance with the current ordinance than the existing dwelling since the applicant plans to center the dwelling across the width of the property. The applicant will eliminate the nonconforming driveway width and impervious surface with the proposed construction. 4) Economic considerations alone do not constitute practical difficulties. Economic considerations are not the reason for the variance request. Conclusion City Staff believes variance is warranted and necessary to allow for construction of a dwelling due to the narrowness of the lot width (40 feet). Other neighborhood lake homes have similar side yard setbacks on narrow lots. Therefore, City Staff recom- mends approval of the requested variance 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. If the Planning Commission finds the requested variance is warranted in this case, a motion and a second to adopt a resolution approving the variance requested for 15283 Fairbanks Trail NE with the listed conditions or approve any variance the Planning Commission deems appropriate in the circumstances. 2. If the Planning Commission finds the requested variance 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. 3. If the Planning Commission would like additional information from the applicant about the requested variance, a motion and a second to table or continue discus- sion of the item for specific purpose as directed by the Planning Commission. Alternative No. 1 RECOMMENDED MOTIONS: ATTACHMENTS: 1. Resolution 23-05PC 2. Location Map 3. Existing Survey dated 4-2-23 4. Proposed Survey dated 5-22-23 5. Proposed Elevation Plans OF P RIpf? Al l u4646 Dakota Street SE Prior Lake. MN 55372 4fINNESo"P RESOLUTION 23-06PC VARIANCES FROM THE MINIMUM SUM OF THE SIDE YARD SETBACKS TO ALLOW A DWELLING ON A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on July 10, 2023, to consider a request from Terry and Rhonda Olynyk, the property owner, requesting a variance from the minimum sum of the side yard setbacks to allow construction of a dwelling on a property located in the R-1 (Low Density Residential) Zoning District at the following property: (PID 250360080) Legal Description: Lot 9, MAPLE PARK SHORE ACRES, 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 variances as contained in Case #DEV23-000021 and held a hearing thereon on July 10, 2023; 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 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." 1 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. There are practical difficulties in complying with the strict terms of the Ordinance. The narrow lot width (40 feet) results in a limited area for placement of a dwelling that would meet the required side yard setbacks. The proposed dwelling will be in more compliance with the current ordinance than the existing dwelling since the applicant plans to center the dwelling across the width of the property. The applicant will eliminate the nonconforming driveway width and impervious surface with the proposed construction. 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 construction of a single-family dwelling per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 2.0-foot variance from the required minimum sum of the side yard setbacks on a nonconforming lot. (Subsection 1123.201 (6)) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. A Building Permit shall be obtained from the Building Department prior to the commencement of construction. PASSED AND ADOPTED THIS 10T" DAY OF JULY 2023. VOTE Tschetter Johnson Kallberg Tennison Ringstad Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Jason Tschetter,Acting Commission Chair Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ ATTEST: Casey McCabe, Community Development Director 2 per`° 15283 FAIRBANKS TRL NE Variance Location Map F C. Subject Property r f 4 • ■ R 16 A summary of the property legal description is: Lot 09, Maple Park Shore Acres, Scott County, MN , 42 14 17 J 21 JSubject Properties 82 rm 27 � 1 12 97 ' Feet '� i Existing Survey Hay 2;2023-3112pn-\\SEISIIVVSBES \"R CTS\WMVEY\olllk-11\511I2(Lot P.tt L PAR(94M ACRES.My of PN Lato)\C dd_n,\S1112KCEOt.doe TX'IC,47Z Off' SI11Z71 7, ,41L AIZ PRIOR Z,411; LEGEND MONUMENTFOUND 0^ IRON PIPE MONUMENT SET N o E o 1• x,o� EXISTING SPOT ELEVATION EXISTING CONTOURS FAIR �+ S BAN KC o'f RAIL _FOUND IN N -- VA ce BOULDER FOUND 91 3.935 (PLAT)b BNN10183 ®O SEWER MANHOLES RLSQ10795-, 4.66 ' R' ae MAILBOX SB - g CURB STOP _ w �� Z © UTILITY PEDESTAL C' I n LIGHT POLE i Q =' BOULDERS-' - - A WOOD /�//,..��y}}91e.6 % FENCE O ,920'FYJ / J s3- BUSH m NoI -TIMBER WALL ._�;BOULDER l•) DECIDUOUS TREE j \ BDUMINOUS I o ' WALL 1 1 O CONIFEROUS TREE r Dpp BOULDERS —0—GAS LINE C y rn zrn 1. m Fi w 3.4 CD 2 12.6 x O 922.2 a 5.0 9ns TIMBER STEPS-- x {n LANDSCAPE n� EDGE 1 EXISTING m O a Lot LE 6, ncsr•.RIPTION: I HOUSE , MAPLE PARK SHORE ACRES, 2.9 according to the plot thereof, on file and of record o In the Office of the Scott County Recorder. C: n 3.0 p _ 1 C 916.8 m � C q. DECK •o• �o� Vy: �TEPS 2.9 LOT AREA SQUARE FOOTAGE- rA / t aT E 8.591 SQUARE FEET 9ryb o.7 h WOOD z . FENCE CHAINLINK,, ✓ I5A >-BOULDER FENCE - / is �.;`~' 'm ;'Y RETAINING ` WALLS BOULDER i RETAINING m �! WALLS 2.9 914:3 APPROXIMATEQ I R FOOTA e• !•i D(ISTING BUILDING AREA 1,223 EXSTING DRIVEWAY AREA - 1,166 STONE EXISTING DECKS AREA - 340 WALL 0R\G ,`'0 0 0 (INCLUDES STEPS) a EXISTING BRICK WALK AREA - 416 12.o i 1 EXISTING EXEMPT CONCRETE WALK AREA - 258 SPIGOT= i•'903.9 (3' WIDE W/ 3' GREEN SPACE EACH SIDE) to a 0.8 . °Ir r •� EXISTING IMPERVIOUS SURFACE COVERAGE - 36.6% 13 $ *NOTE, TO FIELD VERIFY 9I 91 ACTUAL SQUARE FOOTAGES. p' R� R +y1 6ti FOUND RLS#10183-:' SURVEYOR: Stonebmke Enpineering,Inc. 12279 N O icollet Avs.S. 1 / GF'\1i O Burnsville, MN 55337 l� � .��5� �\ gON. Phone: 952-402-9202 Fax: 952-403-em www.slonebrookeenginsering.com 1 15112I2023 AR A}I f[R!HlROV[IIFIliS }0 SGI[ fFR CERTIFICATE OF SURVEY-EXISTING �tonebrooke LOT 9,FIAPLE PARK SHORE AC0.ES, (li RE.FR o. SCOTT COUNTY MINNESOTA 1 Proposed Survey Jun 19,2023-2.54pm-\\SEISRV\SBES—r\PROJECTS\SURVEV\Oin*-Tm \S1112(LAt 9,MAPLE PARK SHORE ACRES,City of—Lake)\C.dd n1 a\E1112HCPOt.d,, CZ1FTj/ IC4TZ Off' S UWVZ" 1,5_e�83 TR,IIL 1VZ; PRIOR Z,4,4— JIIV LEGEND • MONUMENTFOUND IRON PIPE MONUMENT SET N.E. N X, 'o EXISTING SPOT ELEVATION K AIL �+ EXISTING CONTOURS I, FAIRBAN SoTR FOLSDN�,63 RIM ,,,--FOUND # C25 BOULDER FOUND g13'935 (PLAT)m BENT ®OO SEWER MANHOLES RLS#10,95-�` S83°29, O-W 34°66 ' _J --_- -- C B MAILBOX '� \\�_�y) \ 91 O g CURBSTOP _ \24.0 I � acZi 0 UTILITY PEDESTAL O 9 � WOOD LIGHT POLE 920_lg,g \ FENCE O - Q BUSH � {,-BOULDER s _ \� PROPOSED �' / 'o-' WALL L.•) DECIDUOUS TREE v 21 - DRIVYEWA 2 Z CONIFEROUS TREE G—GAS LINE D \ ` 1D•3. \ n rn e5,0. 24.00' -I It -i NN P' Z1 D.Z 12.6 v 922.2 - N 5.0 m 1 N 0 LEGAL DESCRIPTION: PROPOSED o 6 0 Lot 9, MAPLE PARK SHORE ACRES, HOUSE according to the plat thereof, on file and of record o in the Office of the Scott County Recorder. ' N J � � m rn 3.0 ° m x o A O� --//I 24.00' 1 916.8 O v O m 5.0 DECK o i y � I I 9rye 0.7 MlpOOD� 0 Z• ` ! 10 v(A // �; 2.8 rir- t6.0 CHAINLINK BOULDER -/ F / - RETAINING FENCE WALLS i LOT AREA SQUARE FOOTAGE: / w�kDER USING- �2.9 5 8,591 SQUARE FEET �' J �.' ,6 91a�s .Q APPROXIMATE SQUARE FOOTAGE*: / /'9\6• O /'¢ ,'6, ' PROPOSED HOUSE AREA = 1,248 PROPOSED DRIVEWAY AREA - 1,010 STONE` I, ��� PROPOSED STOOP AREA = 68 WALL �\ �� a9\Z ! o EXISTING BRICK PATIO = 177 1,N� ti.9 4+ SPIGOT PROPOSED TOTAL IMPERVIOUS SURFACE = 2,503 PROPOSED IMPERVIOUS SURFACE COVERAGE = 29.1% p8 S„ \' EXEMPT AREAS: /°c' PROPOSED DECK (MIN }" OPEN JOINTS) AREA = 288 13 _ '3�'� (INCLUDES STEPS) PROPOSED EXEMPT WALK AREA = 262 91 90'' - FL r0�lei Yi i (3' WIDE W/ 3' GREEN SPACE EACH SIDE) EXISTING EXEMPT WALK AREA = 183 m 1 90,4 (3' WIDE W/ 3' GREEN SPACE EACH SIDE) FOUND so -NOTE: RLS#10183-61� /ems,,, CONTRACTOR TO FIELD VERIFY ,1`, ACTUAL SQUARE FOOTAGES. i�/e03'�' '/ •\�'�'' rL01 SURVEYOR: Stonebrooke Engineering, Inc. 9ON0 12279m Nicollet Ave. S. `\^J Buevllle, MN 55337 V�` %i�.� � Phone: 952-402-9202 Fax: 952-403-6803 / www.stonebmokeengineering.com REV.NO. DATE BY CHH DESCRIPTION 3/22/2023 A TE SURVEY PER IMPROVEMENTS 0 10 11, SG4IE �[T ,Ne—or MINNeso n.�"°""'/� "°"°°BEY°"°"°E"'"E u'w D��N CERTIFICATE OF SURVEY-EXISTING C�L LOT 9,MAPLE PARK SHORE ACRES, or ECNEDV 1 SCOTT COUNTY MINNESOTA e !a% q$§{§{)( I q ■f§!! ![ x=3 i k » � } 7 4 L � I � FTIN E n © Z m -«; - � - - - � - - � : - � - - � - - o V £ _ - - F-I -- - J Y �. #IF] - �� � - .. \ ~ e t 1 @ # . _ . . . . . / _ � ®® J. a/ !! 2 LAKE y SOO y%0" /O R NORTH 1�%So" 2 A Cl! (14 � n PRELIMINARY PLANa12.2os y "NOT O z CL 43 fY -01 -1 (L LU Cu iy- w 0 EAST 1/4"=V-0" w 0 0 vu� NN Cl! C14 b PRELIMINARY FLAN 6,12.2023 WEST 1/4"=V-0" "NOT FOR CONSTRUCTION" 2/