HomeMy WebLinkAbout4A 1875 Shoreline Blvd Variance PC reportW M 4646 Dakota Street SE
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PLANNING COMMISSION AGENDA REPORT
MEETING DATE: APRIL 7, 2014
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: YES
AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE MINIMUM
LAKE SETBACK AND MINIMUM FRONT YARD SETBACK FOR A PROP-
ERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Linda Bigut is requesting variances from the lake setback and front yard setback
to construct a single family residential dwelling on a property located at 1875
Shoreline Boulevard NW on the northern shores of Spring Lake, west of County
Highway 17. The following variances are requested:
An 11.5 foot variance from the required minimum 50 foot structure
setback from the Ordinary High Water (OHM elevation of Prior Lake
using the average lake setbacks of adjacent properties (Section
1104.308)
A 15 foot variance from the required minimum 25 foot front yard struc-
ture setback (Section 1102.405 (3))
Current Circumstances
The property is zoned R-1 (Low Density Residential), and is guided R -LD (Urban
Low Density) on the 2030 Comprehensive Plan Land Use Map. The property
currently contains a single family home.
The applicant is proposing to remove the exiting one-story dwelling on the site
and construct a two-story walkout residential home. The existing house was
constructed in 1950. The newly constructed home proposes to maintain a simi-
lar lake setback as the existing dwelling (38 feet).
The side yard setback (10 feet) and impervious surface (26.9%) are proposed
to conform to the Zoning Ordinance. The allowable buildable area of the prop-
erty which would not require a variance from a yard setback (an area which is
50 ft. from the lake, 10 feet from the side lot line, and 25 feet from the front
property line) is approximately less than 900 square feet and is irregularly
shaped.
ISSUES: This project includes a request for two variances. 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) There are practical difficulties in complying with the strict terms of
the Ordinance. "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
Ordinance. Economic considerations alone do not constitute
practical difficulties.
The irregular shape of the narrow property creates a practical difficulty for
the property owner to construct a house on this property in a reasonable
manner. The applicant proposes a new home which will not increase the
existing nonconforming setback to the lake. Also, the practical difficulty
for the front yard setback is due to the abnormally large area of right-of-
way along this Shoreline Boulevard. Granting of the front yard setback
variance would allow the house to still be located over 40+ feet from the
current roadway. With only an approximate 900 square foot irregularly
shaped buildable area, a home could not be constructed on site without
the need for setback variances from the Zoning Ordinance.
(2) The granting of the Variance is in harmony with the general purposes
and intent of the City Subdivision and Zoning Ordinances and the
Comprehensive Plan.
The granting of the variance is in harmony with the general purposes of
the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordi-
nance to "Promote the most appropriate and orderly development of the
residential, business, industrial, public land, and public areas" and to "En-
hance the aesthetic character of the City." The granting of the variance
will allow for the construction of a modern lake home.
(3) The practical difficulty is due to circumstances unique to the property
not resulting from actions of the owners of the property and is not a
mere convenience to the property owner and applicant.
The practical difficulty is due to circumstances unique to the property ar-
eas which were created by the narrow, irregular shape of the property.
(4) The granting of the variance will not alter the essential character of
the neighborhood or be detrimental to the health and safety of the
public welfare.
The granting of the variances will not alter the existing character of the
neighborhood. Many of the riparian properties along Shoreline Boulevard
are similar in limited lot depth running from the street to Spring Lake.
Therefore similar nonconforming lake and front yard setbacks exist in the
area. In addition, Shoreline Boulevard was recently reconstructed and the
street lies over 45 feet from the proposed house location due to an
abnormally large right-of-way area.
(5) The granting of the Variance will not result in allowing any use of the
property that is not permitted in the zoning district where the subject
property is located.
The requested additions are to a single family residential dwelling which is
an allowed use within the R-1 (Low Density Residential) Zoning District.
Conclusion
The strict application of the 50 foot minimum (averaging) lake setback and 25 foot
minimum front yard setback appear to create a practical difficulty for the property
owner to place a reasonable house on the property. The applicant proposes a
reconstruction of a new home which will not increase the existing nonconforming
setback to the lake. The existing lot of record is narrow and irregular-shaped
creating only an approximate 900 square foot buildable area without the need for
setback variances from the Zoning Ordinance. In addition, many of the lots along
Shoreline Boulevard are irregularly shaped with existing nonconforming lake and
front yard setbacks; therefore the proposed structure will conform to the general
character of the neighborhood.
Based upon these findings in this report, staff recommends approval of the re-
quested variances with the following conditions:
1. The variance 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 Community & Economic
Development Department prior to the issuance of a building permit.
2. In accordance with City Ordinance, the proposed driveway shall not
exceed 24 feet in width at the front property line or within the street
right-of-way.
3. A deed restriction or covenants must be filed with the Scott County
Recorder which requires Outlot A to be under the same ownership in a
form acceptable to the City Attorney. This deed restriction or covenant
must include provisions that restrict the resubdivision of the lot.
ALTERNATIVES: 1. Approve the requested variance or any variance the Planning Commission
deems appropriate in these circumstances.
2. Table and/or continue discussion of the item for specific purpose.
3. Deny the variances because the Planning Commission finds a lack of
demonstrated practical difficulties under the zoning code criteria.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS:
EXHIBITS: 1. Resolution 14-XXPC
2. Location Map
3. Survey and Floor Plan stamp dated March 7, 2014
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u 4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 14-XXPC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE SETBACK AND
MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Linda Bigut is requesting variances to allow construction of a single family residential dwelling on a
property zoned R-1 (Low Density Residential) at the following location, to wit;
1875 Shoreline Boulevard, Prior Lake, MN 55372
25-490-003-0:
Outlot A, Hilltop Addition, Scott County, Minnesota.
And
Lot 3, Hilltop Addition, Scott County, Minnesota, except that part of Lot 3, described as follows:
Commencing at the most westerly corner of Lot 3; thence South 30 degrees 27 minutes 20
seconds East along the southwesterly line of said Lot 3, a distance of 86.92 feet to the point of
beginning of the tract to be described; thence South 50 degrees 57 minutes East a distance of 33
feet, more or less, to the shore of Spring Lake; thence southwesterly along the shoreline 3 feet,
more or less, to the southwesterly line of said Lot 3; thence northwesterly along said southwesterly
line a distance of 33 feet, more or less to that point of beginning.
2. The Board of Adjustment has reviewed the application for the variance as contained in Case #DEV -
2014 -0008 and held a hearing thereon on April 7, 2014.
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 irregular shape of the narrow property creates a practical difficulty for the property owner to
construct a house on this property in a reasonable manner. The applicant proposes a new home
which will not increase the existing nonconforming setback to the lake. Also, the practical difficulty
for the front yard setback is due to the abnormally large area of right-of-way along this Shoreline
Boulevard. Granting of the front yard setback variance would allow the house to still be located
over 40+ feet from the current roadway. With only an approximate 900 square foot irregularly
shaped buildable area, a home could not be constructed on site without the need for setback
variances from the Zoning Ordinance.
5. The granting of the variance is in harmony with the general purposes of the Ordinance and
Comprehensive Plan. A purpose of the Zoning Ordinance to "Promote the most appropriate and
orderly development of the residential, business, industrial, public land, and public areas" and to
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
"Enhance the aesthetic character of the City." The granting of the variance will allow for the
construction of a modern lake home.
6. The practical difficulty is due to circumstances unique to the property areas which were created by
the narrow, irregular shape of the property.
7. The granting of the variances will not alter the existing character of the neighborhood. Many of the
riparian properties along Shoreline Boulevard are similar in limited lot depth running from the street
to Spring Lake. Therefore similar nonconforming lake and front yard setbacks exist in the area. In
addition, Shoreline Boulevard was recently reconstructed and the street lies over 45 feet from the
proposed house location due to an abnormally large right-of-way area.
8. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential)
Zoning District.
9. The contents of Planning Case #DEV -2014-1008 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 to construct a single family residential dwelling on a property zoned R-1 (Low
Density Residential):
• An 11.5 foot variance from the required minimum 50 foot structure setback from the Ordinary
High Water (OHM elevation of Prior Lake using the average lake setbacks of adjacent
properties (Section 1104.308).
• A 15 foot variance from the required minimum 25 foot front yard structure setback (Section
1102.405 (3)).
The variance is subject to the following conditions:
1. The variance 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
Community & Economic Development Department prior to the issuance of a building permit.
2. In accordance with City Ordinance, the proposed driveway shall not exceed 24 feet in width
at the front property line or within the street right-of-way.
3. A deed restriction or covenants must be filed with the Scott County Recorder which requires
Outlot A to be under the same ownership in a form acceptable to the City Attorney. This deed
restriction or covenant must include provisions that restrict the resubdivision of the lot.
Adopted by the Board of Adjustment on April 7, 2014.
Perri Hite, Commission Vice -Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
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