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Home My WebLink About08-006 Uphold Planning Commission Variances (Northwood Rd) /"'~ .,./ <-.. PRl.O'~ /0':,' .... ~ . . \ ,~./ ~\ .r-.,. 'bi .....' ,,.. 1 U'. ~I htj '>." ,/ "<~~,~ESO~f/' ~~>~~-- 4646 Dakota Street S.E, Prior Lake, MN 55372-1714 RESOLUTION 08-006 A RESOLUTION UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE 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 Motion By: Hedberg Second By: LeMair WHEREAS, Jerrad Robinson is requesting variances to allow 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); and WHEREAS, The Planning Commission reviewed the application for variances as contained in Case File 07-145, and held a public hearing thereon November 13,2007; and WHEREAS, The Planning Commission concluded the variances were consistent with the criteria set forth in Section 1108.406 of the Zoning Ordinance, and approved the variances subject to conditions; and WHEREAS, An affected property owner appealed the decision of the Planning Commission; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 07-145 and Case File 07-153, and held a hearing thereon on January 22, 2008. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council finds that the requested Conditional Use Permit is consistent with the criteria set forth in Section 1108.406 of the Zoning Ordinance, subject to conditions. 3. The City Council upheld the Planning Commission's decision to approve the variances subject to conditions. 4. The City Council makes the following findings: a) The decision of The Planning Commission was properly and timely appealed in accordance with Section 1108.210 of the City Code. www.cityofpriorlake.com -~~~~-""'.""",-"~-"",-,,,-~~>------~-~____....;;;'~~'~~;.;;;J.~..-.-_ ' ~.~ Phone 952.447.9800 / Fax 952.447.4245 b) The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 07-145 and Case File 07-153, and held a hearing thereon on January 22, 2008. c) The City Council 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 d) 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. e) This is likely one of the narrowest lot within the current city limits. The homeowner 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. The Planning Commission finds that variances from side yard setbacks, which are sensitive to the lots narrow character, are warranted in this case. f) 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 constitute hardships to construct a residential dwelling. g) Granting of the variance will not impair an adequate supply of light and air to adjacent property or negatively impact public safety. The homeowner chose to propose the new dwelling at the front of the property rather than between the adjacent dwellings so as to maintain a larger building separation distance between all the dwellings. The homeowner proposes to increase the building separation distance on the east side of the lot, thereby decreasing the nonconformity of the building separation. h) 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. i) 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 without increasing any of the nonconforming setback distances or building separations on the lot. j) Granting the variance is not merely to serve as a convenience to the homeowner, but rather is necessary to alleviate an undue hardship due to the existing extreme narrowness of the lot. k) 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. I) The Planning Commission did not find that increased development or construction costs or economic hardship alone are not the basis of this request. M:\COUNCIL\RESOLUTI\2008\08-006 Uphold Planning Commission Variances (Northwood Rd).DOC 5. The contents of Planning Case #07-145 and 07-153 are hereby entered into and made a part of the public record and the record of decision for this case. 6. Based upon the Findings set forth above, the City Council 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)). 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 4.9 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.). 7. The variances are hereby approved on the property legally described as follows: 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. 8. The variances are hereby approved subject to the following conditions: a) 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. M:\COUNCIL\RESOLUTI\2008\08-006 Uphold Planning Commission Variances (Northwood Rd).DOC b) The building permit is subject to all other applicable city, county, and state agency regulations. c) Prior to the issuance of a building permit the property owner shall obtain a $10,000 letter of credit for any damage resulting on adjacent properties as a result of the construction process. d) Along with the building permit application the property owner shall submit a drainage plan prepared by a registered Minnesota Engineer. This drainage plan must be approved by the City Engineer. PASSED AND ADOPTED THIS 22ND DAY OF JANUARY, 2008. YES NO Hauaen X Haugen Dornbush X Dornbush Erickson X Erickson leMair X leMair Millar X Millar Frank B M:\COUNCIL\RESOLUTI\2008\08-006 Uphold Planning Commission Variances (Northwood Rd).DOC