The URL can be used to link to this page

Home My WebLink About4A - 4846 Dakota Street variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 11, 2023 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Kathryn Fahrenkamp, the property owner, is requesting a variance from the minimum front yard setback for construction of a new detached garage. The property is located at 4846 Dakota Street SE, east of Trunk State Highway 13 and north of County State Aid Highway 21. The requested variance is listed below: · A 9.1-foot variance from the required minimum 25-foot front yard (Section 1141.500 (3)) Regulation Requirement (Feet) Proposed (Feet) Variance (Feet) Front Yard Setback 25.0 15.9 9.1 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 existing house was constructed in 1910. Current Circumstances The applicant is requesting to construct a detached garage on the property in the rear yard. A parking pad and shed currently occupy the area on which the garage is pro- posed. Front Yard Setback: Subsection 1141.500 (3) lists the minimum front yard setback requirement as twenty (25) feet. The property is a corner lot and a front yard setback is required by the City Code from all property lines which abut a street on a corner lot. The proposed front yard setback of the detached garage is 15.9 feet. The larger than typical right-of-way along Evanston Avenue will allow for a driveway length of over 32 feet from the street to the front of the detached garage. The overall 32-foot driveway depth is similar to the typical depth of a driveway with a 25-foot standard front setback and 7 or 8 foot typical right-of-way. 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: 2 (1) 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 shape of the property results in a limited area for placement of a detached garage. Despite a 15.9-foot front setback to the property line, the pro- posed garage will be placed over 32 feet from the Evanston Avenue road surface so adequate space is available for parking vehicles in the driveway. (2) 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. A purpose of the Zoning Ordinance is to “Promote the most appro- priate and orderly development of the residential, business, industrial, public land, and public areas”. (3) 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. (4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. Conclusion City Staff believes a variance is warranted and necessary to allow for construction of a new detached garage due to the lot constraints unique to the property and practical difficulties as stated in the findings in this report. The narrow shape of the property results in a limited area for placement of a detached garage. Despite a 15.9-foot front setback to the property line, the proposed garage will be placed over 32 feet from the Evanston Avenue road surface so adequate space is available for parking vehicles in the driveway. The garage will meet the required 5-foot side yard and rear yard set- backs for a detached accessory structure. 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. 3 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 4846 Dakota Street SE with the listed conditions or approve any vari- ance 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 23-09PC 2. Location Map 3. Survey dated 7-26-2023 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-09PC VARIANCE FROM THE MINIMUM FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A DETACHED GARAGE 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 September 11, 2023, to consider a request from Kathryn Fahrenkamp, the property owner, requesting a variance from the minimum front yard setback to allow construction of a detached garage on a property located in the R-1 (Low Density Residential) Zoning District at the following property: Legal Description: Lot 4, Block 11, City of Prior Lake, Scott County, Minnesota. (PID 250010830) 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 #DEV23-000025 and held a hearing thereon on September 11, 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”. 2 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 shape of the property results in a limited area for placement of a detached garage. Despite a 15.9-foot front setback to the property line, the proposed garage will be placed over 32 feet from the Evanston Avenue road surface so adequate space is available for parking vehicles in the driveway. 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 detached garage per the proposed survey dated July 26, 2023 in the R-1 (Low Density Residential) Zoning District: a. A 9.1-foot variance from the required minimum 25-foot front yard 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. A Building Permit shall be obtained from the Building Department prior to the commencement of construction. PASSED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2023. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Kallberg Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 4846 DAKOTA ST SE VARIANCE LOCATION MAP A summary of the property legal description is: Lot 04, Block 11, City of Prior Lake, Scott County, MN W�E 0 60 120 180 240W ■c::i-■:::::1111---======----Feet s