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Home My WebLink About4B - 15347 Breezy Point RD SE Variances PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: August 28, 2023 AGENDA #: 4B PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM SUM OF THE SIDE YARD SETBACKS, SIDE YARD SET- BACK, REQUIRED DISTANCE TO ADJACENT STRUCTURE, IMPERVIOUS SUR- FACE AND SHORELAND SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT LOT 9 OF BREEZY POINT, 15347 BREEZY POINT ROAD SOUTH- EAST DISCUSSION: Introduction Charles and Mary Carlson, the property owners, are requesting a variance from the zoning code for the construction of a single-stall garage addition with livable space above. The subject property, Lot 9 of Breezy Point, is located at 15347 Breezy Point Road Southeast along the shore of Lower Prior Lake. The requested variances are listed below: • A 7.1-foot variance from the required minimum sum of the side yard setbacks on a nonconforming lot. (Subsection 1123.201 (6)) • A 1.8-foot variance from the required minimum side yard setback on a nonconform- ing lot. (Subsection 1123.201 (6)) • A 4-foot variance from the required minimum separation of principle structures. (Subsection 1123.201(6)) • A 19-foot variance from the required minimum setback from the Ordinary High Wa- ter Level (OHWL). (Subsection 1130.407(2)) • A variance for impervious surface from 30% to 42.7%. Currently 58.6%. (Subsec- tion 1130.405) Regulation Requirement Proposed Variance Side Yard Sum Setbacks 15 ft. 7.9 ft. 7.1 ft. Side Yard Setback 5.0 ft. 3.2 ft. 1.8 ft. Shoreland Setback* 50 ft. 31 ft. 19 ft. Required Distance to Adjacent Structure 15 ft. 11 ft. 4 ft. Impervious Surface 30% 42.7% 12.7% * Dwelling currently 24’ from OHWL. 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 2 Shoreland Overlay District of Prior Lake. The existing house was originally constructed in 1976. Current Circumstances 15347 Breezy Point Drive Current Condition Side Yard Front Yard Rear Yard Impervious Sum Side Yard Adjacent Dwelling Lot Width 17.2 ft / 4.7 ft 21.1 ft. 24.0 ft. 58.6% 21.9 ft. 25.0 ft. 53.7 ft. 15347 Breezy Point Drive Proposed (Garage) Side Yard Front Yard Rear Yard (garage) Impervious Sum Side Yard Adjacent Dwelling 3.2 ft / 4.7 ft 21.1 ft. 31.0 ft. 42.7% 7.9 ft. 11.0 ft. The property owner proposes to construct an attached, single-stall garage with livable space above to the northwest portion of the existing dwelling, a single-family home. The lot is 53.7 feet wide and narrows to 49.92 feet at the lake. The lot is approximately 3,500 square feet and is a trapezium. The existing dwelling is approximately 26 feet wide. The proposed garage is a single-stall garage, 14 feet wide. The total width of the proposed final structure is approximately 40 feet. The subject lot is a non-conforming lot of record guided by Subsection 1123 Nonconformities. There is currently no covered parking on the property. A site visit was conducted on August 2, 2023. It was observed that all other single- family homes on Breezy Point Road Southeast had at least a single-stall garage. 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 existing structure is situated at an angle to the side yard. This places the existing dwelling 4.7 feet from the property line on the south side and 17.2 feet on the north side. The request for a 14-foot addition would reduce the side yard setback to 3.2 feet on the north side. Sum of Setbacks: Subsection 1123.201 (6) states the following: ➢ The sum of the side yards on the nonconforming lot is at least fifteen (15) feet. 3 The current sum of the side yards is 21.9 feet at the narrowest point. The garage addi- tion would require a reduction in the sum of the side yard to 7.9 feet. This is due to the orientation of the existing dwelling relative to the property line. Setback of Primary Structures: Subsection 1123.201 (6) states the following: ➢ A minimum separation of fifteen (15) feet is maintained between all principal structures on the nonconforming lot and on the adjoining lot. Currently, the primary structures are 25 feet apart. The proposed garage addition would be 11 feet from the adjacent primary structure at their closest point. Shoreland Setback: Subsection 1130.407(2) states the following: ➢ On shoreland parcels that have 2 adjacent parcels with existing principal struc- tures on both such adjacent parcels, any new residential structure or any additions to an existing structure may be set back the average setback of the adjacent struc- tures from the Ordinary High Water Level or 50 feet, whichever is greater, provided all other provisions of the Shoreland Overlay District are complied with. The existing dwelling is 24 feet from the OHWL. The proposed single-stall garage would be 31 feet from the OHWL. The depth of the lot is 66 feet. Impervious Surface: Subsection 1130.405 states the following: ➢ Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area, except as provided in the following provisions. Such impervious sur- face coverage shall be documented by a certificate of survey at the time of any zoning or building permit application. The subject lot contains 58.6% impervious surface. The applicant proposes to reduce their impervious surface to 42.7% which is composed of the existing dwelling, the sin- gle-stall garage, and a 24-foot-wide driveway for the garage. 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. The purpose of the Zoning Ordinance is to “Promote the most appropriate and orderly development of the resi- dential, business, industrial, public land, and public areas”. Furthermore, the Shoreland Ordinance (Section 1130) policy’s intent is “in the best inter- ests of the public health, safety, and welfare to provide for the wise devel- opment of shoreland of public waters.” 2) Variances shall only be permitted when they are consistent with the Comprehensive Plan. 4 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 (53.7 feet), narrow lot depth (66 feet), small foot-print, and acute angle orientation of the existing dwelling results in a limited area for placement of a garage that would meet the required side yard and rear yard setbacks and impervious surface. The 14 foot, single- stall garage is a modest garage and is in keeping with variance principles: To affect minimal impact to achieve the desired goal. Additionally, the ap- plicant proposes to remove all impervious surface not related to the garage, driveway and existing dwelling. 4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. Conclusion City Staff believes these variances are warranted and necessary to allow for construc- tion of a single-stall garage due to the narrowness of the lot width (53.7 feet) and depth (66 feet), the orientation of the existing structure and overall lot footprint. Other neigh- borhood lake homes have similar side yard setbacks on narrow lots and all homes on Breezy Point Road Southeast have at least a single-stall garage. Therefore, City Staff recommends 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 15347 Breezy Point Road Southeast with the listed conditions or approve any var- iance 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. 5 RECOMMENDED MOTIONS: 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 ATTACHMENTS: 1. Resolution 23-08PC 2. Location Map 3. Proposed Survey dated 8-16-23 4. Concept Plans 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-08PC VARIANCES FROM THE MINIMUM SUM OF THE SIDE YARD SETBACKS, SIDEYARD SETBACKS, IMPERVIOUS SURFACE, AND SHORELAND SETBACK TO ALLOW A GARAGE ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on August 28, 2023, to consider a request from Charles and Mary Carlson, the property owner, requesting a variance from the minimum sum of the side yard setbacks, minimum side yard setback, minimum shoreland setback and maximum impervious surface to allow construction of a single-stall garage on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: (PID 250260050) Legal Description: Lot 9, Breezy Point, 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 #DEV23-000022 and held a hearing thereon on August 28, 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. The 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 2 best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” 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 (58 feet) and lot depth (66 feet) and the angle of the property lines, relative to the primary structure orientation, results in a limited area for placement of a garage that would meet the required setbacks. The proposed addition will be in more compliance with the impervious surface ordinance than the existing condition since the applicant plans to remove unnecessary existing impervious surface. 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 variances to allow the construction of a garage per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 7.1-foot variance from the required minimum sum of the side yard setbacks on a nonconforming lot. (Subsection 1123.201 (6)) b. A 1.8-foot variance from the required minimum side yard setback on a nonconforming lot. (Subsection 1123.201 (6)) c. A 4-foot variance from the required minimum separation of principle structures. (Subsection 1123.201(6)) d. A 19-foot variance from the required minimum setback from the Ordinary High Water Level (OHWL). (Subsection 1130.407(2)) e. A variance for impervious surface from 30% to 42.7%. Currently 58.6%. (Subsection 1130.405) 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. 3 PASSED AND ADOPTED THIS 28TH DAY OF AUGUST 2023. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Kallberg Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 3059 6068 3040 2468 1103057689080 2458 UP 26'-2 1/8" 0'-8" 32'-0 5/8" 7'-6" 4'-10" 3'-0"3'-0" 2'-5"1'-7 1/2" 8'-8 1/8"14'-0" 26'-0" 13'-8" X 25'-4" 345 SQ FT 11'-10" X 7'-11" 94 SQ FT 9'-5" X 6'-1" 57 SQ FT 4'-6" X 6'-0" 27 SQ FT BATH LAUNDRY GARAGE ENTRY DATE: SCALE: DRAWN BY: SALES: Chuck & Cathy Carlson 15347 Breezy Point Rd SE Prior Lake, MN 55372 5/15/2023 1/4" = 1' Oliver Johnson Plans and Renders are Conceptual Only Ron Baker DESIGN 6 MAIN LEVEL