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HomeMy WebLinkAbout4A 3160 Spring Lake Road SW Variances 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: May 12, 2025 AGENDA #: 4A PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM SIDE YARD SETBACK FOR A DRIVEWAY AND IMPERVI- OUS SURFACE ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESI- DENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT LOT 11, BLOCK 32 SPRING LAKE TOWNSITE, 3160 SPRING LAKE ROAD SW DISCUSSION: Introduction Bui Thahn, the property owner, is requesting variances from the zoning code for the construction of a detached, double-stall garage. The subject property, Lot 11, Block 32 of Spring Lake Townsite, is located at 3160 Spring Lake Road SW. This is a non- riparian lot. The requested variances are listed below: • A 5-foot variance from the required minimum side yard setbacks for driveways on a nonconforming lot. (Subsection 10-766 (b)) • A variance to allow 44.7% impervious surface; currently 50.2%. (Subsection 10- 435(5)) Regulation Requirement Proposed Variance Side Yard Driveway Setbacks* 5 ft. 0 ft. 5 ft. Impervious Surface* 30% 44.7% 14.7% * Replacing existing gravel driveway. Current impervious is 50.2%. 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 1980 according to Scott County. Aerial images show structures on or near this prop- erty prior to 1964. Current Circumstances 3160 Spring Lake Road SW Current Condition Side Yard Front Yard Impervious Driveway Location Adjacent Dwelling Lot Width 9.9 ft / 15.5 ft 35.3 ft. 50.2% 0 ft. 22.1 ft. 49.8 ft. 3160 Spring Lake Road SW Proposed Condition (Garage) Side Yard Front Yard Impervious Driveway Location Adjacent Dwelling Lot Width 9.9 ft / 15.5 ft 35.3 ft. 44.7% 0 ft. 22.1 ft. 49.8 ft. 2 The property owner proposes to construct a detached, 26 ft. X 24 ft. (624 sq. ft.) double- stall garage on the northeast portion of the rear yard. The rectangular lot is 50 feet wide and approximately 7,094 square feet; the lot is considered nonconforming as it is sub- standard for the shoreland district in both lot width and area. The lot does not have a garage currently and all vehicles are stored outside. The rear yard of the subject property abuts an unimproved alley. Staff and the applicant explored the possibility of improving the alley to facilitate garage access and avoid the need for a variance. An initial review by engineering and planning staff resulted in a recommendation not to improve the alley due to complications related to grading near Monroe Avenue SW and a substantial amount of impervious surface would need to be added to the alley to make the use feasible. This would result in no net benefit to the impervious surface condition of the immediate area. Staff and the applicant also explored measures to reduce the amount of impervious surface coverage, including moving the garage closer to the home and further from the rear property line; staff will share a site plan showing this alternative at the May 12 th meeting. The property owner is willing to move the garage forward to reduce the length of the driveway, thus reducing the impervious surface; however, this option may create some difficulty and the impervious coverage is somewhat negligible. This option may eliminate the property owner’s ability to turn the vehicle around on their property and require them to back out of a long driveway onto Spring Lake Road, opposed to ac- cessing Spring Lake Road driving forward. A site visit was conducted on May 5, 2025. It was observed that many single-family homes near the subject property had at least a double-stall garage. Side Setback for Driveways: Subsection 10-766 (b) states, Driveways shall be set back at least five feet from the side yard property line. The current condition will be maintained as there is a driveway in the proposed location currently. The front door landing location for the existing home limits the applicant’s ability to place the driveway further from the property line. Prior Lake City Code requires a minimum 8-foot driveway width. Impervious Surface: Subsection 10-435(5) states, Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area. The subject lot currently contains 50.2% impervious surface. The applicant proposes to reduce their impervious surface to 44.7% which is composed of the existing dwelling, the proposed garage, and a driveway for the garage. ISSUES: City staff struggled with their recommendation of approval as the request for a de- tached garage appears reasonable with no garage currently located on the property; however, a zero (0) foot driveway setback and a 44.7% impervious surface variance are more extensive than generally approved by the Board of Adjustment. If the Board of Adjustment does not support approving the variances as requested by the applicant, staff would welcome a discussion with the Board of Adjustment on a reasonable size for the detached accessory structure and reasonable impervious surface coverage and recommend this item be tabled to allow time for the applicant to revise their request. This project includes a request for a variance. Section 10-906 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. 3 The granting of the variance is in harmony with the general purposes of the Zoning Code. The purpose of the Zoning Code is to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. The Prior Lake Zoning Code permits detached accessory structures to be constructed in the side or rear of a principal structure in residential districts. 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. Substandard Lot Width and Area: The lot is only 50 feet wide and 7,094 square feet in area, both of which are below the minimum standards for the Shoreland Overlay District. This narrow lot width creates an unusually constrained buildable area, especially when factoring in required setbacks and existing building footprint. Existing Development Constraints: The home’s placement and the required landing at the front entrance restrict the ability to locate a driveway or garage in a code-compliant manner without encroaching on setbacks. Additionally, the driveway already exists in the proposed location and is not being expanded beyond the current footprint, mitigating any further impact to the side yard area. Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct a detached, double-stall garage - a common and reasonable residential improvement that is found on many nearby lots. Most homes in the surrounding neighborhood have at least a double-stall garage. Reduction in Existing Impervious Surface: Although the requested impervious surface exceeds the 30% maximum, the proposed plan would reduce the current impervious surface coverage from 50.2% to 44.7%, moving the property closer to compliance. Alternative options such as use of the rear alley were reviewed and deemed infeasible due to grading, drainage, and engineering concerns. Not Self-Created: The unique constraints of the property, including the lot size and width, and location of the existing home were not created by the applicant and predate their ownership. These factors result from historic platting and development patterns that do not align with current zoning standards. No Alteration to Neighborhood Character: The proposed garage would be located in the rear yard and accessed via an existing driveway, minimizing visual or spatial impact. The structure is consistent with the residential character and scale of surrounding properties, and it would not alter the essential character of the locality. 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 these variances are warranted and necessary to allow for construc- tion of a detached, double-stall garage due to the narrowness of the lot width (50 feet), substandard lot size (7,094 square feet), and location of an existing home and landing. Other neighborhood homes surrounding the subject property have similar side yard setbacks on narrow lots and most homes in this neighborhood have a garage. If the Board of Adjustments finds the applicant has met all necessary criteria and sup- ports approval of the variance, then staff recommends the following conditions: ➢ The applicant shall provide a grading plan confirming all stormwater drainage from the driveway will be managed on their property and no driveway stormwater drain- age shall be directed to the parcel to the east. ➢ 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. If the Board of Adjustments finds the applicant has not met all necessary criteria and would like to see further revisions to reduce the impervious surface, staff recommends providing direction to the applicant related to reasonable detached garage size and reasonable impervious surface coverage and table the item for consideration at a future meeting. ALTERNATIVES: 1. If the Board of Adjustment finds the requested variances are warranted in this case, a motion and a second to adopt a resolution approving the variances requested for 3160 Spring Lake Road SW with the listed conditions, or approve any variance the Board of Adjustment deems appropriate in the circumstances. 2. If the Board of Adjustment finds the requested variances are not warranted in this case, a motion and a second to deny the variances requested because the Board of Adjustment finds a lack of demonstrated practical difficulties under the zoning code criteria and direct staff to prepare a resolution of denial for consideration at the next Board of Adjustment meeting. 3. If the Board of Adjustment would like additional information from the applicant about the requested variances or would like to see further plan revisions to decrease the variance requests, a motion and a second to table or continue discussion of the item for specific purpose as directed by the Board of Adjustment. RECOMMENDED MOTIONS: Alternative No.1 ATTACHMENTS: 1. Location Map 2. Applicant Narrative 3. Survey 4. Resolution 25-05PC Spring Lake 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-05PC VARIANCES FROM THE MINIMUM DRIVEWAY SIDE YARD SETBACK AND IMPERVIOUS SURFACE TO ALLOW FOR A DETACHED 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 May 12, 2025, to consider a request from Bui Thahn, the property owner, requesting a variance from the minimum driveway side yard setback and maximum impervious surface to allow construction of a double-stall garage on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property, legally described as: Lot 11, Block 32, Spring Lake Townsite, Scott County, Minnesota. (PID 251330400) Address: 3160 Spring Lake Road SW, Prior Lake, MN 55372; and 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 variances as contained in Case #DEV25-000007 and held a hearing thereon on May 12, 2025; and WHEREAS, The Board of Adjustment 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 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 in harmony with the general purposes of the Zoning Code. The purpose of the Zoning Code is to “Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas”. The Prior Lake Zoning Code permits detached accessory structures to be constructed in the side or rear of a principal structure in residential districts. 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. Substandard Lot Width and Area: The lot is only 50 feet wide and 7,094 square feet in area, both of which are below the minimum standards for the Shoreland Overlay District. This narrow lot width creates an unusually constrained buildable area, especially when factoring in required setbacks and existing building footprint. Existing Development Constraints: The home’s placement and the required landing at the front entrance restrict the ability to locate a driveway or garage in a code-compliant manner without encroaching on setbacks. Additionally, the driveway already exists in the proposed location and is not being expanded beyond the current footprint, mitigating any further impact to the side yard area. Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct a detached, double-stall garage - a common and reasonable residential improvement that is found on many nearby lots. Most homes in the surrounding neighborhood have at least a double-stall garage. Reduction in Existing Impervious Surface: Although the requested impervious surface exceeds the 30% maximum, the proposed plan would reduce the current impervious surface coverage from 50.2% to 44.7%, moving the property closer to compliance. Alternative options such as use of the rear alley were reviewed and deemed infeasible due to grading, drainage, and engineering concerns. Not Self-Created: The unique constraints of the property, including the lot size and width, and location of the existing home were not created by the applicant and predate their ownership. These factors result from historic platting and development patterns that do not align with current zoning standards. No Alteration to Neighborhood Character: The proposed garage would be located in the rear yard and accessed via an existing driveway, minimizing visual or spatial impact. The structure is consistent with the residential character and scale of surrounding properties, and it would not alter the essential character of the locality. d. Economic considerations alone do not constitute practical difficulties. Economic considerations alone are not the reason for the variance request. 3 3. Based upon the findings set forth herein, the Board of Adjustment 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 5-foot variance from the required minimum driveway side yard setback. (Subsection 10- 766(b)) b. A variance for impervious surface from 30% to 44.7%. (Subsection 10-435(5)) 4. The variances are subject to the following conditions of approval: a. The applicant shall provide a grading plan confirming all stormwater drainage from the driveway will be managed on their property and no driveway stormwater drainage shall be directed to the parcel to the east. b. The variance resolution shall be recorded at Scott County. c. Building Permit shall be obtained from the Building Department prior to the commencement of construction. PASSED AND ADOPTED THIS 12TH DAY OF MAY 2025. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Tschetter Johnson Fenstermacher Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐