HomeMy WebLinkAbout7B - 2006 Variance Summary Report
MEETING DATE:
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REVIEWED BY:
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MARCH 5, 2007
7B
JEFF MATZKE, PLANNER
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF THE 2006 VARIANCE SUMMARY REPORT
Introduction
The purpose of this report is to review and compare 2006 variances to the
Zoning Ordinance.
Historv
Annually, the staff provides the Planning Commission and the City Council with
a report regarding the number and types of variance requests that have been
considered in the previous year. This report summarizes the variance activity
in 2006, and is intended to provide useful information to the City Council when
considering the need for ordinance amendments or when considering other
variance requests.
The following table is a summary of variance activity for 2006, and a
comparison of activity for the previous 4 years.
Table 1
2006 Variance A
Number of 6 8 10 12 17
Applications
Number of Re uests 14 17 23 16 40
Requests Approved 14 13 14 10 17
Requests Denied 0 4 9 5 25
Requests Incomplete 0 0 0 1 0
Requests in Process 0 0 0 0 0
Re uests Withdrawn 0 0 0 0 1
PC Decisions 0 2 5 6 7
Appealed
PC Decisions 0 0 0 2 3
Overturned
Number Lots in SD 4 6 8 8 16
Number of Riparian 4 6 6 7 13
Lots
Note: If an applicant requested a variance and the Planning Commission
approved a reduction of the original request, then it is represented as
one approved request and one denied request in the tables.
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UOO F1LES\06 \/ARIANCES\06 vana~'R6~~'9~22:41t7:~'230 / Fax 952.447.4245
Table 2 compares the specific types of variance requests in 2006 to the
requests for the four preceding years.
Table 2
arison of Variance Re
2 3 3
1 1 1
1
2 4 3 5 4
1 3 2
4 2 1 1
2
1 4
2
1 1 1 1
2 2 2 2
1 5 5
2 2
1 1
2 2 1
1
2
1
1
3
1
1
1
The 2006 variance requests are comparable to requests made in the previous
5 years. The majority of the variances were requested to make improvements
to existing single family dwellings in required front and side yards. The
applications with the largest number of requests were for nonconforming lots.
In 2006, the City adopted the following amendments to the Zoning Ordinance
text:
1.
2.
Section 1101.400, 1106, and 1107.2100 were amended to add the
definition of heritage trees, add new regulations for flexible
development in areas with high and moderate quality natural areas,
and revise the requirements for tree preservation and restoration.
Section 1104.309 (10) was deleted and a new section of regulations
were established with changes to the language for the maximum
allowed square footage and height requirements of structures.
The amendments adopted in 2006 were intended to address some specific
issues. Most of these amendments will have no affect on the variance
requests received.
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The staff has continued to work with applicants to reduce the number of
variance requests by reviewing submitted documents and eliminating requests
through plan redesign when possible.
Current Circumstances
The Planning Commission considered this summary report on February 12,
2006. The Planning Commission concluded that the variances requested were
site specific. At this time there is no need to amend the Zoning Ordinance to
address a recurring issue.
ISSUES:
The number of applications for variances has trended downward over time.
This suggests, first of all, that the staff's effort in working with permit applicants
to identify design alternatives to the variance process has been effective.
Second, this trend suggests the amendments to the ordinance over time have
been effective in addressing concerns within the ordinance. Since a variance,
by definition, is noncompliance with the ordinance, it is desirable the number of
approved variances be minimized to those situations with a defined hardship.
Third, it is no surprise that shoreland properties continue to be the focus of
most variance requests. These are the most highly regulated lots under the
ordinance because of the environmental issues they represent. These lots are
also among the oldest in the City, and tend to be nonconforming in terms of
size and width. These factors result in making building on these lots more
difficult.
Finally, from Table 2, it is apparent the setbacks are the single greatest area of
variance requests for each year.
ALTERNATIVES: 1. Approve the variance summary report.
2. Provide the staff with additional direction.
RECOMMENDED A motion and second to approve the variance summary report is required.
MOTION:
FILES\06 VARli\NCES\06 variance summary ccdoc
06-138 Patricia Leitchman R-l. A 2.4' variance from the required side yard setback for Approved
4949 Minnesota Street nonconforming lots
. A 4.9' variance from the required 15' sum of the side
ards on nonconformin lots
06-141 Don Pampuch R-ISD . A 1.95' variance from the required 15' building Approved
4295 Grainwood Circle separation
. A 0.7' variance from the required 50+ foot wall
minimum side ard setback
06-147 Village Commerce Building LLC C-4 . A 45' variance from the required 50' front yard setback Approved
4729 Park Nicollet Avenue . A 2' variance from the required 6' front parking lot
setback
. A 5' variance from the required 20' foot setback from a
residential district
. A 6 stacking space variance from the required 12
stackin s aces
06-169 Fendler Patterson Construction C-4 . A 50' variance from the required 50' minimum front Approved
16907 Highway 13 S. ard setback
06-183 VIVUS Architecture and Design C-4 . A variance from the required 31 parking spaces to Approved
16783 Toronto Avenue allow 14 spaces for a motor vehicle service and repair
sho
06-187* William & Sharon Ries A . A 0.7' variance from the required 20' minimum side Approved
3941 Marschall Road ard setback
06-187* David and Ruth Yarusso A . A 0.7' variance from the required 20' minimum side Approved
3913 Marschall Road yard setback
. 8.58 acre variance from the required minimum 10 acre
lot area
06-187* Robert & Paula Britz A . A 7.67 acre variance from the required minimum 10 Approved
3877 Marschall Road acre lot area
* Variances granted for 3941,3913, and 3877 Marschall Road were processed jointly under application file #06-187.
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