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Home My WebLink About5B Klongerbo PP & FP & VA 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: SUBJECT: 5B-l CONSIDER A REQUEST FOR A COMBINED PRELIMINARY & FINAL PLAT TO BE KNOWN AS KLONGERBO CROSSING JEFF MATZKE, PLANNER _X_ YES NO-N/A # 07-114 MAY 14, 2007 PRESENTER: PUBLIC HEARING: CASE NO.: DATE: INTRODUCTION: Steve Klongerbo has applied for approval of a development to be known as Klongerbo Crossing on the property located at 5127 160th Street SE east of Jordan Ave, north of CSAH 21, south of 160th Street, and west of Memorial Trail. The current property contains both a single family home and a multi-family structure. The request calls for the subdivision of the existing lot into two residential lots. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site consists of 0.39 acres. TOPo2raphv: This site has a generally level topography, with elevations ranging from 955' MSL at its highest point to 952' MSL at the lowest point. Ve2etation: The current property contains both a single family home and a multi-family structure. There are also some significant trees on this site. No grading is proposed therefore, no trees will be impacted by the replating of the property. Wetlands: No wetlands are located on the site. Access: Access to the site is currently from 160th Street as well as Memorial Trail. No changes to the current configuration of the access to the lot are proposed. The proposed plat does include an access easement for a future extension of the driveway from 160th Street to a potential garage addition in the rear yard of the single family lot. 2020 Comprehensive Plan Desi2nation: This property is designated for Urban Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map. 1:\07 files\07 subdivisions\07 prelim & final\klongerbo crossingjpcreport.doc, k WWW.CnYOIpnOnae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 Zonin2: The site is located within the R-2 Zoning District (Medium Density Residential). The R-2 district is consistent with the proposed R-LD designation. This district permits a maximum density of 4.0 units per acre. Shoreland: The site is not located within the shoreland district. PROPOSED PLAN Lots: The preliminary plat consists of 2 lots for single family dwellings. Lot 1 is 7,366 square feet and Lot 2 is 8,960 square feet. Streets: The proposed lots have frontage on existing 160th Street and Memorial Trail. No new streets are proposed. Sanitarv Sewer/Water Mains: Sanitary sewer and water mains are in place for the both existing residential structures. Storm Sewer: No grading changes to the current runoff patterns are proposed for the replating of the lots. ANALYSIS: The applicant proposes to subdivide the property into 2 residential lots in order to alleviate the nonconformity of two principal structures on a single lot. The proposed layout of the lots will require variances from the minimum lot width, side yard setback, and driveway setback. Contingent upon the approval of these variance requests the proposed lots will conform to the R-2 residential use district requirements. The overall layout of the plat appears appropriate given the narrow lot constraints of the site. CONCLUSION: The combined preliminary and final plat application will comply with all relevant ordinance provisions and City standards, provided all the conditions of approval are met. Also, the nonconforming dual principal structures on the single lot will be alleviated by the replatting of the existing lot along with the dedication of access and utility easements. Therefore, staff recommends approval of the combined preliminary and final plat. ALTERNATIVES: 1. Recommend approval of the Combined Preliminary and Final Plat subject to conditions. 2. Table this item to a date specific, and provide the developer with direction on the issues that have been discussed. 3. Recommend denial of the Combined Preliminary and Final Plat request. 4. Other specific action as directed by the Planning Commission. 1:\07 files\07 subdivisions\07 prelim & final\klongerbo crossing\pcreport.doc Page 2 RECOMMENDATION: The Planning staff recommends Alternative #1, subject to the following conditions: 1. Pending variances from the minimum lot width, side yard setback, and driveway setback will require approval by the Planning Commission. 2. The applicant shall enter into a development contract with the City. 3. The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. 4. The final plat shall be recorded at Scott County within 90 days of approval by the City Council. ACTION REQUIRED: A motion and second recommending approval of the following request: · Approval of a Combined Preliminary and Final Plat to subdivide 0.39 acres into 2 residential lots, subject to the above conditions. EXHIBITS: 1. Location Map 2. 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S I!!I ~a.1!-s ~~ " ~ .!!~~'l; h i ~ ~s~~~ .l:i . I:li-h~() ..2~ I;; ~i ib"'~;; Ell", )...t! l!d!"It~ ii' ~~ "'l; ~.'l;.~ .1i~ ; :i i~:i~ li : I n~h"l d ~ I J i ~ II :.. i ~ L! l~ ~I:: ~~ ~~ Oil:: ~~ ",u 'Ii 1 ~ I j b J . ~ I ~ o % ,~ = ~ .. s ~ ~ s .. ~ .... 0:: Q... <( <.S ~ ~ I ;;! o. .'" ~ "'1 ~~e ~~j ~"'s '--l ~h I::fl ~~] ~ ~ , ~ \3 ~ ~ ~ ~ o V) 05 1: ~~ l~ 2b ", ~ ;;~ .....~ gu ~ ~l ~ ~} ~~ ~! .'"' Z~ { ~ .. i ;; ~ ~ [ o % I ~ ~ ! f I i I l! "'Ii h ~.! ~B 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: 5B-2 SUBJECT: CONSIDER VARIANCES TO ALLOW SUBDIVISION OF A RESIDENTIAL PROPERTY INTO TWO LOTS IN THE R-2 (LOW-MEDIUM DENSITY) ZONING DISTRICT SITE ADDRESS: 5127 160TH STREET PREPARED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: X YES NO-N/A DATE: MAY 14, 2007 CASE FILE: 07-115 INTRODUCTION Steve Klongerbo is requesting variances in order to subdivide a residential property located at 5127 160th Street into two lots. The property currently contains two principal residential structures. In order for the newly platted properties to be in conformance within City ordinance, the following variances are required: Lot 1, Block 1, KLONGERBO CROSSING · A 15.6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) · A 2.6 foot variance from the required 10 foot minimum side yard setback.(Section 1102.505 (1)) · A 5 foot variance from the required 5 foot minimum driveway side yard setback. (Section 1107.205 (1)) Lot 2, Block 1, KLONGERBO CROSSING · A 6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) · A 6.5 foot variance from the required 10 foot minimum side yard setback. (Section 1102.505 (1)) BACKGROUND The property is zoned R-2 (Low-Medium Density), and is guided R-LD (Urban Low Density) on the 2030 Comprehensive Plan Land Use Map. Two principal residential structures currently exist on the property. 1:\07 files\07 variances\klongerbo crossing\pcreport.doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 DISCUSSION The applicant proposes to subdivide the property into two residential properties. Currently a single family dwelling and a multi-family dwelling exist as a nonconformity on the property. By city ordinance no more than one principal building is allowed on one lot (Section 1101.501 (4)). The applicant has proposed a driveway easement along the proposed western property line of Lot 2 to allow for the continued use of the existing driveway for Lot 1 and for possible extension of the driveway to the rear yard of Lot 1 for a future garage. Due to addition of the proposed property line between the two principal structures the applicant will be required to convert the west exterior wall of multi-unit dwelling on Lot 2 to a fire wall in conformance with the International Building Code. ANAL YSIS Variance Hardship Findings Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance, provided that: 1. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application of the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot is located. Due to the narrowness of the existing lot a variance from the sideyard setback, lot width, and driveway setback is necessary. The newly created lots would no longer be a nonconforming use having two principal structures on one property. 2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. It is rare that a property has more than one principal structure on a lot. The granting of these variances will allow the property to be subdivided so that this nonconforming residential building use is in compliance with the current zoning ordinance. 3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the owner. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. The subdivided properties can be more easily maintained in the future with less confusion of property rights by separate tenants or under potential separate ownership. 1:\07 files\07 variances\klongerbo crossing\pcreport.doc 2 4. The granting of the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. The only changes proposed to the lot, including newly dedicated access and utility easements and improved fire wall protection, will enhance the public safety and reduce the danger of fire on the lot. 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The granting of the variances will not impact the character and development of the area. The structures on the lot are not proposed to be relocated or removed with the subdivision of the property. 6. The granting of the proposed variance will not be contrary to the intent of this Ordinance and the 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." In this case the replatting of the property into two separate lots will create more orderly development of the site as well as improve the health and safety of the uses with the addition of access and utility easements and a fire wall. In order for the development to occur, variances from the minimum lot width, sideyard setback, and driveway setback are necessary. 7. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to the lot's existing conditions of two principal uses. 8. The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. The hardship results from the necessary narrow lots that must be created to subdivide the lot nonconforming lot which contains two principal structures. 9. Increased development or construction costs or economic hardship alone shall not be grounds for granting a variance. Staff does not believe that increased development or construction costs or economic hardship alone are the basis of this request. 1:\07 files\07 variances\klongerbo crossing\pcreport.doc 3 CONCLUSION In conclusion, the applicant proposes to subdivide a property with two principal structures located on it into two separate residential properties. In order to subdivide the property and alleviate the nonconformity of more than one principal structure on a single lot, the platting of the lot will require variances from the minimum lot width, sideyard setback, and driveway setback. The newly created lots will improve the overall situation of the existing site. The plat proposes a newly dedicated drainage and utility easement over the existing sanitary sewer main, an access easement across Lot 2 for the extension of the driveway on Lot 1 to a potential future garage in the rear yard of Lot 1, and improved fire wall protection required under the International Building Code for the multi-family dwelling located on Lot 2. Therefore, staff recommends approval of these variances with the following conditions: 1. The applicant shall remove/relocate all fencing on Lot 2 as indicated on the preliminary plat. 2. The applicant shall extend the driveway access easement along the western boundary of Lot 2 another 10 feet to the south for access to a future garage. 3. The applicant shall obtain a building permit to reconstruct the west exterior wall and roof section of the multi-unit dwelling to conform to the International Building Code. 4. This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 5. The building permit is subject to all other applicable city, county, and state agency regulations. ALTERNATIVES 1. Approve the variances requested by the applicant with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the application because the Planning Commission finds a lack of demonstrated hardship under the zoning code criteria. 1:\07 files\07 variances\klongerbo crossing\pcreport.doc 4 ACTION REQUIRED This request requires the following motions: 1. A motion and second adopting Resolution 07-02PC approving the following variances: Lot 1, Block 1, KLONGERBO CROSSING a. A 15.6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) b. A 2.6 foot variance from the required 10 foot minimum side yard setback. (Section 1102.505 (1)) c. A 5 foot variance from the required 5 foot minimum driveway side yard setback. (Section 1107.205 (1)) Lot 2, Block 1, KLONGERBO CROSSING d. A 6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) e. A 6.5 foot variance from the required 10 foot minimum side yard setback. (Section 1102.505 (1)) ATTACHMENTS 1. Location map 2. Preliminary Plat 3. Resolution 07-02PC 1:\07 files\07 variances\klongerbo crossing\pcreport.doc 5 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -02PC A RESOLUTION APPROVING VARIANCES FROM THE REQUIRED MINIMUM LOT WIDTH, MINIMUM SIDEY ARD SETBACK, AND MINIMUM DRIVEWAY SETBACK TO ALLOW FOR THE SUBDIVISION OF A RESIDENTIAL PROPERTY INTO TWO LOTS WITHIN THE R-2 ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Steve Klongerbo is requesting a variance from the Zoning Ordinance for the subdivision of a residential property into two lots on property zoned R-2 (Low- Medium Density Residential) at the following location, to wit; 5127 160th Street, Prior Lake, MN 55372 That part of the West 10.00 feet of Lot 1, Block 1, Costello's Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota lying Northerly of the South 192.00 feet thereof; AND That part of the East 88.50 feet of Lot 2, Block 1, Costello's Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota, lying Northerly of the South 192.00 feet thereof; according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #07-115 and held a hearing thereon on May 14, 2007. 3. 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. 4. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. The only changes proposed to the lot, including newly dedicated access and utility easements and improved fire wall protection, will enhance the public safety and reduce the danger of fire on the lot. 5. Due to the narrowness of the existing lot a variance from the sideyard setback, lot width, and driveway setback is necessary. The newly created lots would no longer be a nonconforming use having two principal structures on one property. 6. It is rare that a property has more than one principal structure on a lot. The granting of these variances will allow the property to be subdivided so that this nonconforming residential building use is in compliance with the current zoning ordinance. 1:\07 files\07 variances\klongerbo crossing\annro}::~l resolution. doc www.cllyorpnonaKe.com 1 Phone 952.447.4230 / Fax 952.447.4245 7. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. The subdivided properties can be more easily maintained in the future with less confusion of property rights by separate tenants or under potential separate ownership. 8. The granting of the variances will not impact the character and development of the area. The structures on the lot are not proposed to be relocated or removed with the subdivision of the property. 9. 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." In this case the replatting of the property into two separate lots will create more orderly development of the site as well as improve the health and safety of the uses with the addition of access and utility easements and a fire wall. In order for the development to occur, variances from the minimum lot width, sideyard setback, and driveway setback are necessary. 10. Granting the variance will not merely serve as a convenience to the applicant, but rather is necessary to alleviate an undue hardship due to the lot's existing conditions of two principal uses. 11. The hardship results from the necessary size and narrow lots that must be created to subdivide the lot nonconforming lot which contains two principal structures. 12. Staff does not believe that increased development or construction costs or economic hardship alone are the basis of this request. 13. The contents of Planning Case #07-115 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variances to allow for the subdivision of a residential property into two lots on property zoned R-2 (Low-Medium Density Residential), as shown on the Preliminary Plat dated May 3, 2007: For Lot 1, Block 1, KLONGERBO CROSSING 1. A 15.6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) 2. A 2.6 foot variance from the required 10 foot minimum side yard setback. (Section 1102.505 (1)) 3. A 5 foot variance from the required 5 foot minimum driveway side yard setback. (Section 1107.205 (1)) For Lot 2, Block 1, KLONGERBO CROSSING 4. A 6 foot variance from the required 60 foot minimum lot width in the R-2 District. (Section 1102.505 (1)) 5. A 6.5 foot variance from the required 10 foot minimum side yard setback. (Section 1102.505 (1)) 1:\07 files\07 variances\klongerbo crossing\approval resolution. doc 2 The variance is subject to the following conditions: 1. The applicant shall remove/relocate all fencing on Lot 2 as indicated on the preliminary plat. 2. The applicant shall extend the driveway access easement along the eastern boundary of Lot 2 another 10 feet to the south for access to a future garage. 3. The applicant shall obtain a building permit to reconstruct the west exterior wall and roof section of the multi-unit dwelling to conform to the International Building Code. 4. This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building pennit. 5. The building pennit is subject to all other applicable city, county, and state agency regulations. Adopted by the Board of Adjustment on May 14, 2007 Vaughn Lemke, Commission Chair ATTEST: Jane Kansier, Director of Planning and Building Inspections 1:\07 files\07 variances\klongerbo crossing\approval resolution. doc 3