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HomeMy WebLinkAbout06A - UnAssigned Duluth Street SE Revival II Variance Extension PC report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: March 25, 2024 AGENDA #: 6A PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: CONSIDER A RESOLUTION APPROVING A DEADLINE EXTENSION OF ONE (1) YEAR FOR A VARIANCE, RESOLUTION 23-02PC, FROM THE MINIMUM FLOOR AREA RATIO FOR PRIOR LAKE REVIVAL II IN THE TC (TOWN CENTER) ZONING DISTRICT DISCUSSION: Introduction Prior Lake Revival LLC, the property owner, is requesting an extension to a variance from the zoning code approved as Resolution 23-02PC. The subject property is located south of CH21 between West Avenue SE and Duluth Avenue SE (PIDs: 259021520 and 259021260). History On February 27, 2023, the Planning Commission, acting as the Board of Adjustment, approved Resolution 23-02PC, a variance to the minimum floor area ratio on February 27, 2023. Additionally, on February 27, 2023, the Planning Commission provided a recommendation for Preliminary Plat approval for a plat to be known as Prior Lake Revival II; the City Council approved Resolution 23-53 approving the Preliminary Plat of Prior Lake Revival II on March 20, 2023. Current Circumstances The reason for the variance extension request is related to the recent acquisition of two adjacent parcels located west of the Prior Lake Revival II plat (PID 259021210 and 259021220) by the developer. This acquisition will allow the property owner to utilize the newly acquired property to improve the stormwater management for the Prior Lake Revival II plat property. The extension will allow the time necessary to redesign the stormwater management to better utilize developable area on the Prior Lake Revival II parcels. On March 12, 2024, City Council approved a resolution approving an extension to the preliminary plat for (6) months. This action necessitates an extension to the variance as well. Prior Lake City Code Subsection 1152.212 allows for the owner of the property subject to a variance to apply for an extension of the variance. The Board of Adjustment may, by resolution, extend a variance for a reasonable period of time not to exceed one (1) year. 2 Conclusion This project included an approved variance which requires progress to be made within 12 months of approval. The property owner/developer has been making progress to- ward development on the property; however, the recent acquisition of the adjacent par- cels has provided them with an opportunity to maximize the development potential on the Prior Lake Revival II site and potentially address some of the stormwater needs of the newly acquired parcels as well. The extension of the variance will allow time for the property owner to revise their previously submitted stormwater plans. ALTERNATIVES: 1. Motion and a second to adopt a resolution approving a one-year extension to the variance approved by Resolution 23-02PC. 2. If the Planning Commission finds the requested extension is not warranted in this case, then a motion and a second to deny the extension requested. RECOMMENDED MOTIONS: 3. If the Planning Commission would like additional information from the applicant about the requested variance, then a motion and a second to table or continue discussion of the item for specific purpose as directed by the Planning Commission. Alternative No. 1 ATTACHMENTS: 1. Resolution 24-03PC 2. Location Map 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-03PC AN EXTENTION OF THE DEADLINE FOR A VARIANCE FROM THE MINIMUM FLOOR AREA RATIO FOR A PROPERTY IN THE TC (TOWN CENTER) FOR ONE (1) YEAR WHEREAS, On March 25, 2024, the Prior Lake Planning Commission, acting as the Board of Adjustment, considered a request from Prior Lake Revival LLC, the property owner, to approve an extension of one year to an approved variance located at: A portion of the Northeast Quarter of the Northwest Quarter of Section 2, Township 114, Range 22, Scott County Minnesota. (PID 259021250, 259021260); and WHEREAS, The Prior Lake Planning Commission approved Resolution 23-02PC, a variance from the minimum floor area ratio in the TC (Town Center) zoning district on February 27, 2023; and WHEREAS Variances are canceled if one (1) year has elapsed from the date of adoption of the resolution granting the variance if there is no evidence that substantial use or progress has occurred on the property or premise subject to the approved variance; and WHEREAS, WHEREAS, The property owner has recently acquired two adjacent parcels which provides an opportunity to maximize the development potential on the subject property; and An extension of the variance deadline will allow time for the property owner to revise their previously submitted stormwater plans. WHEREAS, The Planning Commission has considered the effect of the proposed variance extension 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 deadline for submitting the variance approved as Resolution 23-02PC is extended to February 27, 2025. PASSED AND ADOPTED THIS 25TH DAY OF MARCH 2024. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Kallberg Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐