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HomeMy WebLinkAbout4B 14185 Shady Beach Trail NW PC reportFRto u °7. 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 7, 2014 AGENDA #: 4B PREPARED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDEW TIAL) ZONING DISTRICT DISCUSSION: Introduction Tom Keohane is requesting a variance from the lake setback and front yard set- back to construct a single family residential dwelling on a property located at 14185 Shady Beach Trail NE on the northern shores of Lower Prior Lake, west of Hidden View Road. The following variances are requested: • A 13.6 foot variance from the required minimum 50 foot structure set- back from the Ordinary High Water (OHM elevation of Prior Lake us- ing the average lake setbacks of adjacent properties (Section 1104.308) 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 two-story dwelling on the site and construct a two-story walkout residential home. The existing house was constructed in 1966. The newly constructed home proposes to maintain a simi- lar lake setback as the existing dwelling (36 feet). The front yard setback, (25 feet) side yard setback (10 feet) and impervious sur- face (29.2%) are proposed to conform to the Zoning Ordinance. The allowable buildable area of the property 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 1800 square feet. 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 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. With only an approximate 1800 square foot buildable area, a modern lake home could not be con- structed 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 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. Other riparian properties in the immediate area along Shady Beach Trail are similar in limited buildable lot depth. Therefore similar nonconforming lake and front yard setbacks exist in the 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 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 approximately 1800 square foot buildable area without the need for a lake setback variance from the Zoning Or- dinance. In addition, other riparian lots in the immediate area along Shady Beach are irregularly shaped with existing nonconforming lake 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. 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 Plans stamp dated March 17, 2014 PR-1Q� Fes+ u 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 14-XXPC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE 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 Tom Keohane 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; 14185 Shady Beach Trail NE, Prior Lake, MN 55372 25-930-044-0: Lot 2, Block 1, and Outlot A, Hafdal Two, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #DEV - 2014 -0009 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 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. With only an approximate 1800 square foot buildable area, a modern lake 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, "Enhance the aesthetic character of the City." construction of a modern lake home. industrial, public land, and public areas" and to The granting of the variance will allow for the 6. The practical difficulty is due to circumstances unique to the property areas which were created by the irregular shape of the property. 7. The granting of the variances will not alter the existing character of the neighborhood. Other riparian properties in the immediate area along Shady Beach Trail are similar in limited buildable lot depth. Therefore similar nonconforming lake and front yard setbacks exist in the area. 8. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 9. The contents of Planning Case #DEV -2014-0009 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): • A 13.6 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water (OHVV) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308). 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. Adopted by the Board of Adjustment on April 7, 2014. 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