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HomeMy WebLinkAbout5A Robinson Variance 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 AGENDA ITEM: SUBJECT: SITE ADDRESS: PREPARED BY: PUBLIC HEARING: DATE: CASE FILE: PLANNING REPORT 5A CONSIDER VARIANCES FROM THE MINIMUM BUILDING SEPARATION AND SIDE YARD SETBACK, MINIMUM FRONT YARD SETBACK, AND MINIMUM LOT WIDTH FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT 16035 NORTHWOOD ROAD JEFF MATZKE, PLANNER _X_ YES _NO-N/A NOVEMBER 13, 2007 07-145 INTRODUCTION Jerrad Robinson is requesting variances to construct a new house on property located at 16035 Northwood Road. For this proposed construction, the following variances are req u ired: . A 0.7 variance from the minimum 25 foot front yard setback required in the R-1 District (Section 1102.405 (3)). . A 2.0 foot variance from the minimum 5 foot east driveway side yard setback required in the R-1 District (1107.205 (1)). . A 2.0 foot variance from the minimum 5 foot west driveway side yard setback required in the R-1 District (1107.205 (1)). . A 3.0 foot variance from the required 5 foot east side yard setback permitted on nonconforming lots (Section 1101.502(8)). . A 0.4 foot variance from the required 5 foot west side yard setback permitted on nonconforming lots (Section 1101.502(8)). . An 8.4 foot variance from the minimum 15 foot sum of the side yards required in the R-1 District (Section 1101.502 (8)). . A 5.0 foot variance from the 15 foot east side yard building separation required in the R-1 District (Section 1101.502 (8)). 1:\07 files\07 variances\robinson\pcreport.doc f www.cityopriorlake.com Phone 952.447.9800 / Fax 952.447.4245 . A 9.0 foot variance from the 50+ foot wall minimum east side yard setback required in the R-1 District (Section 1102.405 (6)). . A 6.6 foot variance from the 50+ foot wall minimum west side yard setback required in the R-1 District (Section 1102.405 (6)). . A 409 square foot variance from the minimum 7,500 square foot lot area permitted for nonconforming riparian lots (Section 1104. 902( 1 )a.). . A 25 foot variance from the minimum 50 foot lot width permitted for nonconforming riparian lots (Section 1104.902 (1)a.). BACKGROUND The property is zoned R-1 (Low Density Residential) and SO (Shoreland Overlay District), and is guided R-LD (Urban Low Density Residential) on the 2030 Comprehensive Plan Land Use Map. A single family dwelling with a two-car garage currently occupies the lot. The lot was created in 1951 within the Spring Lake Township. In 1959 a building permit was issued by the township and Scott County to construct the existing dwelling on the lot. In 1972 the lot was annexed to the City of Prior Lake. Since the dimensions of the lot have not changed since the annexation, the City of Prior Lake has classified it as a legal non-conforming lot. DISCUSSION The applicant is proposing to remove the existing house and shed and construct a new home on the site. The applicant would like to use the existing foundation of the current dwelling for the base of the new house. (As stated in the attached narrative, originally the applicant proposed to renovate the current structure, add a second story, and add a 507 square foot addition. After further financial analysis of the overall project; however, the applicant has requested additional variances to remove the current structure to the foundation and rebuild the first story of the dwelling rather than renovate it.) The lot area to an elevation of 904.0 feet (OHW) is 7091 square feet. The proposed house has a footprint of 1,595 square feet with a proposed driveway of 522 square feet for a total of 2,117 square feet of impervious surface coverage (29.9% impervious surface coverage). The following table compares the proposed setbacks and other specifics of the site with the ordinance requirements and existing conditions: Ordinance Existing Proposed Variance Requirement conditions conditions Requested Lot Setbacks Front yard 25' 24.3' 24.3' 0.7' Driveway side yard - east 5' 3.0' 3.0' 2.0' Driveway side yard - west 5' 3.0' 3.0' 2.0' Side yard - east 5' 2.0' 2.0' 3.0' Side yard - west 5' 4.6' 4.6' 0.4' Sum of side yard 15' 6.6' 6.6' 8.4' 1:\07 files\07 variances\robinson\pcreport.doc 2 Ordinance Existing Proposed Variance Lot Setbacks Requirement conditions conditions Requested Side yard building 15' 9.0' 10.0' 5.0' separation -east Side yard building 15' 21.0' 15.1 ' separation - west 50'+ wall side yard - east 11 ' 2.0' 2.0' 9.0' 50'+ wall side yard - west 11 ' 4.6' 4.6' 6.6' Shoreland 75' 193.3' 161.2' Other Lot Requirements Lot area 7,500 sf 7,091 sf 7,091 sf 409 sf Lot width 50' 25' 25' 25' Impervious surface 30% 23.7% 29.9% Building Height 35' 20' 32' Front vard Setback The front yard setback of the existing structure is 24.3 feet. Since the applicant proposes to use the same foundation as the existing structure, the front yard setback would remain unchanged. The front deck (as shown on the survey) is proposed to be removed as part of the redevelopment of the site. Driveway Setback Variances The existing driveway side yard setback is 3.0 feet on the east and west sides of the lot. The applicant proposes to utilize the existing driveway location since the existing lower level garage and foundation are proposed to remain as the base for the proposed structure. Therefore, a variance is required to maintain the existing driveway side yard setback. Side yard Variances The General Provisions Ordinance (Section 1101.502 (8)) states the following: Nonconforming lots of record in the R-1 and R-2 Use Districts may have side yards of not less than 5 feet if the following criteria are met: ~ The sum of the side yards on the nonconforming lot is at least 15 feet. ~ No yard encroachments, as permitted in subsection 1101.503, are located within 5 feet of an adjoining lot. ~ A minimum separation of 15 feet is maintained between all structures on the nonconforming lot and on the adjoining lot. In addition, Section 1102.405 (6) states: .. The width of the side yard setback abutting a building wall shall be increased 2 inches for each 1 foot the length of the building wall exceeds 50 feet. The additional setback will not be applied if there is a break in the building wall equal to 10% of the entire length of the wall. For the purpose of this subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (Ord. 00-08 - pub. 6/10/00) 1:\07 files\07 variances\robinson\pcreport.doc 3 In this case the existing side yard setbacks are not proposed to change. The applicant would like to utilize the foundation of the existing dwelling. As the chart above illustrates, all of the nonconforming side yard setbacks (including side yard, sum of the side yards, building separation, on 50+ wall setback) are proposed to either remain the same or decrease the existing nonconformity. The structures on adjacent lots also have side walls that exceed 50 feet in length with an average wall length of 74.5 feet. Lot Area and Lot Width Variances The lot area and lot width of the parcel is 7,091 square feet and 25 feet respectively. As stated in the background section of this report the lot was created in 1951 and the existing dwelling was constructed in 1959 while the lot was part of Spring Lake Township. The lot was annexed into the City of Prior Lake in 1972 and is currently recognized as a legal nonconforming lot of record. The Shoreland Ordinance permits new development on nonconforming lots with an area of at least 7,500 square feet and a lot width of 50 feet. The current lot area (7,091 square feet) and lot width (25 feet) are below these minimum requirements, therefore variances are being requested. 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. The shape, lot area (7,091 square feet), and narrowness (27.5 - 25 feet) of the lot create a hardship for the re-construction of a single family home within the requirements of the ordinance. Therefore, encroachments into the driveway side yard setback, structure side yard setbacks, sum of the side yards, building separation, and 50'+ wall setbacks are necessary for reasonable use of the lot. 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. This is most likely the narrowest buildable lot within the current city limits. The applicant has proposed the location and design of the new structure so as to not increase the nonconforming nature of the lot and not interfere with the lake views of the adjacent properties. Variances from side yard setbacks, which are sensitive to the lots narrow character, appear warranted in this case. 1:\07 files\07 variances\robinson\pcreport.doc 4 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 narrowness and shape of the buildable area of the lot create the hardships for the property owner. 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 applicant chose to propose the new dwelling at the front of the property rather than between the adjacent dwellings so as to maintain a larger separation distance between all the dwellings. 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 local neighborhood. Many of the adjacent homes have similar walls greater than 50 feet in length. Furthermore, the granting of the variances will improve the existing conditions of the lot by updating the current dwelling and removing a shed that is located directly on the east property line. 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 "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum setbacks. While the proposed variances will not alleviate the required side setback and building separation, they will allow for the construction of the proposed house that will improve the existing conditions of the small lot. 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 existing extreme narrowness of the lot. 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. 1:\07 files\07 variances\robinson\pcreport.doc 5 The shape of the lot creates the hardship in the manner of the side yard associated setbacks. The needs for the requested variances are not the result of any actions taken on the part of the property owner. 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 are the basis of this request. CONCLUSION The strict applications of the various side yard setbacks and lot area and width requirements create a hardship for the property owner. The applicant proposes to construct a two story building on the same foundation of the one story dwelling as well as attach a 507 square foot addition to the rear of the current foundation. The overall footprint of the proposed structure is a reasonable 1595 square feet. The proposed structure would not increase any of the current nonconforming setback distances on the site. The applicant does not request any variance from the building height requirement nor the environmentally sensitive impervious surface or lakeshore setback requirements. Based upon the findings in this report, staff recommends approval of this requested variance. AL TERNATIVES 1. Approve the variance requested by the applicant, 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. ACTION REQUIRED This request requires the following motions: 1. A motion and second adopting Resolution 07-06PC approving the following variances: a) A 0.7 variance from the minimum 25 foot front yard setback required in the R-1 District (Section 1102.405 (3)). b) A 2.0 foot variance from the minimum 5 foot east driveway side yard setback required in the R-1 District (1107.205 (1)). c) A 2.0 foot variance from the minimum 5 foot west driveway side yard setback required in the R-1 District (1107.205 (1)). 1:\07 files\07 variances\robinson\pcreport.doc 6 d) A 3.0 foot variance from the required 5 foot east side yard setback permitted on nonconforming lots (Section 1101.502(8)). e) A 0.4 foot variance from the required 5 foot west side yard setback permitted on nonconforming lots (Section 1101.502(8)). f) An 8.4 foot variance from the minimum 15 foot sum of the side yards required in the R-1 District (Section 1101.502 (8)). g) A 5.0 foot variance from the 15 foot east side yard building separation required in the R-1 District (Section 1101.502 (8)). h) A 9.0 foot variance from the 50+ foot wall minimum east side yard setback required in the R-1 District (Section 1102.405 (6)). i) A 6.6 foot variance from the 50+ foot wall minimum west side yard setback req uired in the R-1 District (Section 1102.405 (6)). j) A 409 square foot variance from the minimum 7,500 square foot lot area permitted for nonconforming riparian lots (Section 1104.902(1 )a.). k) A 25.0 foot variance from the minimum 50 foot lot width permitted for nonconforming riparian lots (Section 1104.902 (1 )a.). ATTACHMENTS 1. Location maplAerials 2. Survey 3. Building Plans 4. Applicant Narrative 5. Photos of rear yard views 6. Resolution 07 -06PC 1:\07 files\07 variances\robinson\pcreport.doc 7 A RESOLUTION APPROVING VARIANCES FROM THE REQUIRED MINIMUM FRONT YARD SETBACK, MINIMUM DRIVEWAY SIDE YARDS, MINIMUM STRUCTURE SIDE YARDS, SUM OF THE SIDE YARDS, MINIMUM SIDE YARD BUILDING SEPARATION, MINIMUM 50'+ WALL SIDE YARDS, MINIMUM LOT AREA, AND MINIMUM LOT WIDTH TO ALLOW FOR THE REDEVELOPMENT OF A RESIDENTIAL PROPERTY IN THE R-1 ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Jerrad Robinson is requesting variances from the Zoning Ordinance for the redevelopment of a residential property zoned R-1 (Low Density Residential) at the following location, to wit; 16035 Northwood Road SW, Prior Lake, MN 55372 The East Half (E1/2) of Lot 116, of the TOWNSITE OF NORTHWOOD, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for Scott County, Minnesota. (PID 25-141-080-0) 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #07-145 and held a hearing thereon on November 13, 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. The shape, lot area (7,091 square feet), and narrowness (27.5 - 25 feet) of the lot create a hardship for the re-construction of a single family home within the requirements of the ordinance. Therefore, encroachments into the driveway side yard setback, structure side yard setbacks, sum of the side yards, building separation, and 50'+ wall setbacks are necessary for reasonable use of the lot. 5. This is most likely the narrowest lot within the current city limits. The applicant has revised the location and design of the proposed structure so as to not increase the nonconforming nature of the lot and not interfere with the lake views of the adjacent properties. Variances from side yard setbacks, which are sensitive to the lots narrow character, appear warranted in this case. 6. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. The narrowness and shape of the buildable area of the lot create the hardships for the property owner. 7. Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. The applicant chose to 1:\07 files\07 variances\robinson\approval resolutjon.doc 1 k www.cnyonmorae.com 1 Phone 952.447.9800 / Fax 952.447.4245 propose the new dwelling at the front of the property rather than between the adjacent dwellings so as to maintain a larger separation distance between all the dwellings. 8. The granting of the variances will not impact the character and development of the local neighborhood. Many of the adjacent homes have similar walls greater than 50 feet in length. Furthermore, the granting of the variances will improve the existing conditions of the lot by updating the current dwelling and removing a shed that is located directly on the east property line. 9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them." This purpose is implemented through required minimum setbacks. While the proposed variances will not alleviate the side yard setbacks required by the ordinance, they will allow for the construction of the proposed house that will improve the existing conditions of the small lot. 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 existing extreme narrowness of the lot. 11. The shape of the lot creates the hardship in the manner of the side yard associated setbacks. The needs for the requested variances are not the result of any actions taken on the part of the property owner. 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 #07-145 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 redevelopment of a residential property on a property zoned R-1 (Low Density Residential): 1) A 0.7 variance from the minimum 25 foot front yard setback required in the R-1 District (Section 1102.405 (3)). 2) A 2.0 foot variance from the minimum 5 foot east driveway side yard setback required in the R-1 District (1107.205 (1)). 3) A 2.0 foot variance from the minimum 5 foot west driveway side yard setback required in the R-1 District (1107.205 (1)). 4) A 3.0 foot variance from the required 5 foot east side yard setback permitted on nonconforming lots (Section 1101.502(8)). 5) A 0.4 foot variance from the required 5 foot west side yard setback permitted on nonconforming lots (Section 1101.502(8)). 1:\07 files\07 variances\robinson\approval resolution. doc 2 6) An 8.4 foot variance from the minimum 15 foot sum of the side yards setback required in the R-1 District (Section 1101.502 (8)). 7) A 5.0 foot variance from the 15 foot east side yard building separation required in the R-1 District (Section 1101.502 (8)). 8) A 9.0 foot variance from the 50+ foot wall minimum east side yard setback required in the R-1 District (Section 1102.405 (6)). 9) A 6.6 foot variance from the 50+ foot wall minimum west side yard setback required in the R-1 District (Section 1102.405 (6)). 10) A 409 square foot variance from the minimum 7,500 square foot lot area permitted for nonconforming riparian lots (Section 1104.902(1 )a.). 11) A 25.0 foot variance from the minimum 50 foot lot width permitted for nonconforming riparian lots (Section 1104.902 (1 )a.). The variance is subject to the following conditions: 1. 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. 2. The building permit is subject to all other applicable city, county, and state agency regulations. Adopted by the Board of Adjustment on November 13, 2007 Vaughn Lemke, Commission Chair ATTEST: Jane Kansier, Director of Planning and Building Inspections 1:\07 files\07 variances\robinson\approval resolution. doc 3 Robinson Variance Location Map (16035 Northwood Rd) N + 225 450 900 Feet '~ ; , j ; .~ ! : ..~ . . , . ...,I/t'~ '. i~', Y ~ ~ ....a. . - L\ f ()' ~~ c ~ ~ <- . V'\ c v ~.lI\ I I:) E- O - ~ 7'> ~~ \ r-<~ .1:) ~ ~ ~ ~.~ .. t '1'\::' \f\ 1. r-:' C '^ ~ ~ -' a.... ::-l ~ -\ I:- ,~tAJ ... 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BATH ~ =:J::: IM.CLO ~ MASTER BEDROOM I "r I \~W " L____ Q Q _I.--- l.---. ,~.. - - - - - - - - - - - - - - - -I~ I I i \ I I I I I I AN -0" I I I I I I I I I I I I I I I I I I I I I I .________________.J SLOPE 3'. /1 '.0.' SLOPE 3" 11 '_ON AN 1'-0" 3'--8314" 7'-8112" 1 0'-0 1l4~ 3'-101iT 6'-9112" 32'-11/L 32'-11(2" 3Q'.71/Z' ~ GUTTER ~~ ,..tm"~~~-~ '~~$".".".~' =~ "..".~. m_' PROPOSED AREA OF AD:~ EXISTING HOUSE PROPOSED AREA OF ADDITION 9' TALL WALLS N2 <~;. - ;'-<:1!, . ':il,-'\ ,..;.,i1t \~, - };';~.:.:>~ ENT PLAN '= 1'-0" 4'-11/Z' 13'-1 HZ' i t- 12'~11~ I ^ . II I I E..1 IB, 1( -' !:L I I I I I I I I I PROPOSED AREA OF ADDITION EXISTING HOUSE I I I LIVING ROOM I I I I I I I -.' ".~ " ,'''.n' 4'.11f2" 4'-41/'Z' 4'-4112" 4'-4112" 31'9" LAN = 1'-0" I 10 October 2007 OCT }f 2007 . I f;:> t L~; --------____d___ _~j To: City of Prior Lake Planning Dept. From: Jerrad and Renee Robinson 16035 Northwood Rd. NW Prior Lake, MN 55372 (651)-206-5762 Subject: Variance application We are applying for a variance( s) to add a 16' wide by 31' 8" long two story addition to the south side of our existing home. The existing home is only 1080 sq. ft. finished on a narrow ~ lot. The narrowness of the lot is restricting us to utilize the property to its fullest potential. The adjacent dwellings are significantly larger (+/- 2500 to 3000 sq ft.) and have a drastically superior proximity to the lake. There proximity to the lake places our dwelling in front of both garages and reduces our privacy exponentially. The side lots beside each garage are used for storage, trash cans, and a dog kennel (photos included). Because of this side lot use there will be no hardship incurred due to out application. In addition the proposed placement of our addition does not obstruct any entry or windows from a view of the side lots or lake. By granting our request we are increasing the value of our property and the properties in the neighborhood with no hardship to any property owners. Thank you for you time and consideration. Sincerely, ~~~ JC\iml~ IV\~ Renee Romel-Robinson VIEWSOF REARY ARDS OF 16035 NORTHWOOD ROAD & ADJACENT LOTS VIEW LOOKING SOUTHEAST FROM EXISTING REAR DECK VIEW LOOKING SOUTHWEST FROM EXISTING REAR DECK