Loading...
HomeMy WebLinkAbout4A - 2883 Spring Lake Road Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: October 14, 2024 AGENDA #: 4A PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: PUBLIC HEARING TO CONSIDER VARIANCES FROM THE SHORELAND SETBACK AND SIDE YARD SETBACK ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT 2883 SPRING LAKE ROAD SW DISCUSSION: Introduction Michael Schipper, the property owner and Conrad Anderson, applicant, are re- questing a variance from the zoning code for the construction of a single-family home. The subject property, Lot 6, Block 49 of Spring Lake Townsite and va- cated street between block 48 & 49, is located at 2883 Spring Lake Road SW along the northeast shore of Spring Lake, PID: 251330860. The requested vari- ances are listed below: • A 7.2-foot variance from the required minimum setback from the Ordinary High Water Level (OHWL). (Subsection 1130.407(2)) and a 3.2-foot variance from the R-1 side yard setback. Regulation Requirement Proposed Current Variance Side Yard Sum Setbacks N/A N/A N/A N/A Side Yard Setback 10 ft. 6.8 ft. 18.7 ft. 3.2 ft. Shoreland Setback 52 ft. 44.8 ft. 59.3 ft.* 7.2 ft. Distance to Adjacent Structure 15 ft. >15 ft. >15 ft. 0 ft. Impervious Surface 30% 30% 30% 0% *New home with deck approved in 1998 at 59+ feet. Variance taken from current setback. 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. Current Circumstances 2883 Spring Lake Road SW Current Condition Side Yard Front Yard Rear Yard Shoreland Impervious Adjacent Dwelling Lot Width 18.7 ft. 41.5 ft. 59.3 ft. 30% >15 ft. 100 ft. 2 2883 Spring Lake Road Southwest Proposed Variance Side Yard Front Yard OHWL Shoreland Impervious Adjacent Dwelling 6.8’ 25’ 44.8 ft. 30% 15.0 ft. The property owner proposes to construct an addition to an existing home. The lot is conforming in size at 100 feet wide and approximately 15,372 square feet in area. The existing dwelling is 2,587 square feet with a driveway. There is a large patio that would be removed to keep the lot at 30% impervious. The addi- tion, combined with the existing impervious will total 4,612 square feet of imper- vious surface. The home was constructed in 1998 with 59.3-foot OHWL setback and side yard setbacks of 19.1 feet on the west side and 18.7 feet on the east. There is a cabin on 2863 Spring Lake Road SW which is 35.6 feet from the OHWL. The home at 2895 Spring Lake Road SW is 68.4 feet from the OWHL. Setback averaging would allow for a minimum setback of 52 feet. Given the current condition of the principal structure at 59.3 feet from the OHWL and the historical locations of neighboring structures, the variance would be taken from the legal setback of 52 feet. The applicant is requesting a variance to 44.8 feet and would therefore require a 7.2-foot variance. This is a standard lot in Prior Lake and meets the minimum lot with and area requirements of the zoning code. The home is situated in the center of the lot and has nearly proportional setbacks on all sides. The lot and the structure are conforming, and the lot has very little elevation change from 912 ft. in the rear to 922 ft. at the front of the home. There is approximately 142 ft. from the shoreline to the front of the lot with a 7% average grade. For context, a driveway can be 10%, a steep slope is 18% and a bluff is 30%. Shoreland Setback: Subsection 1130.407(2) states the following: ➢ On shoreland parcels that have 2 adjacent parcels with existing principal structures 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 structures 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 59.3 feet from the OHWL on the rear of the lot. The lot to the west has two historical structures used for habitation. They setback for the closer structure is approximately 35 feet. The home to the east is approximately 68 feet from the OHWL; this would average to approximately 52 feet. The appli- cant wishes to build at 44.8 feet from the OHWL, which would require a 7.2-foot variance. Residential Setbacks: Subsection 1130 identifies the following area, width and setback requirements: Lot Area (Sq. ft) Lot Width (ft) Front Yard (ft) Side Yard (ft) Rear Yard (ft) 15,000 100 25 10 75 3 The current side yard setbacks from the structure to the property line are 19.1 feet to the west and 18.7 feet on the east side yard of the lot. Since this is legal conforming lot, this property does not qualify for side yard reductions as part of the Nonconformities chapter. 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 not harmony with the general pur- poses of the Ordinance and Comprehensive Plan. The purpose of the Zoning Ordinance is to “Promote the most appropriate and or- derly 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.” The Comprehensive Plan enables municipalities to develop legal standards and provides an avenue for relief from prac- tical difficulties. The subject parcel meets minimum width and area requirements for a standard shoreland parcel and practical difficulties do not exist. 2) Variances shall only be permitted when they are consistent with the Comprehensive Plan. The granting of the variance is not consistent with the Comprehen- sive Plan and its goal to maintain and improve physical character and identity. Variances from the code must identify a unique situation that requires remedy from a practical difficulty. In this case, there is no identifiable practical difficulty. 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. Staff cannot identify a practical difficulty with the layout of the lot or a unique circumstance. The parcel is a standard lot which meets minimum area and width requirements and has little change of elevation. The shoreland features are common throughout the community and these undulations are common and not unique. 4 4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. Conclusion City Staff believes the requested variance does not prove a practical difficulty and there is insufficient evidence for a unique circumstance. For non-conforming lots, where there are practical difficulties acknowledged by the city, the Noncon- formities chapter section 1123 provides relief. Since this lot does not qualify for this kind of relief and there exists space for other types of improvements without the need for a variance, staff cannot find a practical difficulty. Therefore, City Staff recommends denial of the requested variance with the following findings of fact: ➢ The lot is a standard lot meeting minimum area and width requirements. ➢ The configuration of the shoreland is normal and not unique. ➢ The home is currently conforming with 8.7 ft. of buildable area on the east side and 9.1 feet of buildable area on the west side without the need for a variance. ➢ There is 16.5 feet of buildable area on the north side and 7.3 feet of buildable area on the lake side without the need for a variance. ➢ There is no elevation constraint or other topographic feature that is unique to this lot. ALTERNATIVES: 1. If the Planning Commission finds the requested variances are not warranted in this case, a motion and a second to approve a resolution denying the re- quested variances because the Planning Commission finds a lack of demon- strated practical difficulties under the zoning code criteria. 2. If the Planning Commission finds the requested variance is warranted in this case, a motion and a second to instruct staff to prepare a resolution approv- ing the variances requested for 2883 Spring Lake Road Southwest with con- ditions and to present it at the next Planning Commission meeting. RECOMMENDED MOTIONS: 3. If the Planning Commission would like additional information from the appli- cant about the requested variance, a motion and a second to table or con- tinue discussion of the item for specific purpose as directed by the Planning Commission. Alternative No. 1 ATTACHMENTS: 1. Resolution 24-10PC 2. Location Map 3. Narrative 4. Survey and Plan dated 2-20-2024 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-10PC DENYING A VARIANCE FROM SUBSECTION 1130.403 OF THE SHORELAND REGULATIONS ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT 2883 SPRING LAKE ROAD SW Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on October 14, 2024, to consider a request from Michael Schipper, the property owner and Conrad Anderson, applicant, to approve a variance to construct and addition to an existing home in the R-1 SD (Low Density Residential Shoreland District) Zoning District at the following property: 2883 Spring Lake Road SW, Prior Lake, MN 55372 (PID 251330860) Lot 6, Block 49 of Spring Lake Townsite and vacated street between block 48 & 49. WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Board of Adjustment 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 Board of Adjustment has reviewed the application for the variance as contained in Case PDEV24-000030 and held a hearing thereon on October 14, 2024; and WHEREAS, The Board of Adjustment has considered the effect of the strict application of the provisions of the Zoning Code on the applicant’s property and the impact granting the Variance will have Comprehensive Plan. In addition, the Board considered the requirements of all other applicable State Statutes, the information in the application, the information in the staff report and the criteria set forth in Minn. Stat. 462.357, Subd. 6. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Board of Adjustment 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 not 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.” The Comprehensive Plan enables municipalities to develop legal standards and provides an avenue for relief from practical difficulties. The subject parcel meets minimum width and area requirements for a standard shoreland parcel and practical difficulties do not exist. b. Variances shall only be permitted when they are consistent with the Comprehensive Plan. The granting of the variance is not consistent with the Comprehensive Plan and its goal to maintain and improve physical character and identity. Variances from the code must identify a unique situation that requires remedy from a practical difficulty. In this case, there is no identifiable practical difficulty. 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. Staff cannot identify a practical difficulty with the layout of the lot or a unique circumstance. The parcel is a standard lot which meets minimum area and width requirements and has little change of elevation. The shoreland features are common throughout the community and these undulations are common and not unique. d. Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. 3. Based upon the findings set forth herein and withing the Agenda Report, the Board of Adjustment hereby denies the variance with the findings of fact provided. PASSED AND ADOPTED THIS 14th DAY OF OCTOBER 2024. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Johnson Kallberg Tennison Ringstad Tschetter Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐