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Home My WebLink About4B 14977 Manitou Road Variance ReportU01PRlp�i' r"I 4646 Dakota Street SE I Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 19, 2014 AGENDA #: 4B PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Kutzke Construction is requesting a variance from the front yard setback to con- struct a single family residential dwelling on a property located at 14977 Manitou NW on the northern shores of Lower Prior Lake, north of Lords Street. The fol- lowing variances are requested: • A 3.9 foot variance from the required minimum 25 foot front yard set- back (Section 1102.405) 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 a major remodeling project to the existing rambler walkout dwelling on the site. The existing house was constructed in 1972. The planned interior remodels, roof truss work, and a garage additions propose to maintain the existing front yard setback of a minimum 21.1 feet. The applicant seeks to increase the area of the interior main floor and to expand the garage. The home lies at the top of a bluff area and therefore cannot be shifted further east toward the rear yard without further encroaching into the bluff setback. Therefore the applicant proposes to place the addition into the existing side yard to the north. A minimum 10.5 foot side yard setback is indicated with the proposed addition. The distance from the Manitou Street curb to the front of the home varies from over 40-50 feet due to a large amount of right-of-way in front of the property. The City Engineering Department indicates that this distance may likely be re- duced with a realignment of the road during a future reconstruction project which is currently slated in the next 5 years. This could result in the road being as much as 10 feet closer to the property than how it exists today. The side yard setback (10.5 feet) and impervious surface (15.4%) are proposed to conform to the Zoning Ordinance. 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 topographical nature of this property creates a practical difficulty for the property owner to construct a house addition on this property in a rea- sonable manner. The applicant proposes a garage addition which will not increase the existing nonconforming setback to the front property line. (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 re -construction to a more 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 topographical features on the property, namely the bluff conditions which cover the majority of the rear yard 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 Manitou Road are similar in limited buildable lot depth do to the bluff conditions in the area. The existing front yard setback will be maintained. (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 addition and remodeling is for 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 25 foot minimum front yard setback appear to create a practical difficulty for the property owner to maintain a reasonable use on the property. The applicant proposes a major remodeling of the existing home which will not increase the existing nonconforming setback to the front yard. The exist- ing lot of record has a limited area for building depth due to the natural bluff slopes in the rear yard. In addition, other riparian lots in the immediate area along Man- itou Road are similar in limited buildable lot depth do to the bluff conditions in the area; 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 driveway width shall be reduced to a maximum 24 feet at the front property line and within the right-of-way. 2. 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. Motion and second to approve a resolution approving the requested vari- ance or any variance the Planning Commission deems appropriate in these circumstances. 2. Motion and second to table and/or continue discussion of the item for spe- cific purpose. 3. Motion and second to deny the variances because the Planning Commis- sion finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED Alternative #1. MOTIONS: ATTACHMENTS: 1. Resolution 14-XXPC 2. Location Map 3. Survey and Floor Plans stamp dated April 29, 2014 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 14-XXPC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on May 19, 2014, to consider a request from Kutzke Construction to approve a variance from the minimum front yard setback to allow a garage addition and other major home remodeling to a property in the R-1 (Low Density Residential) Zoning District at the following property: 14977 Manitou Road NW, Prior Lake, MN 55372 Lot 3, Kopp's Bay Second Addition, Scott County, Minnesota. (PID 25-053-003-0) WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request, and persons interested were afforded the opportunity to present their views and objections related to the variance request; and WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV - 2014 -0012 and held a hearing thereon on May 19, 2014. WHEREAS, The Planning Commission 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 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: The recitals set forth above are incorporated herein. The Planning Commission hereby adopts the following findings: a. 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 topographical nature of this property creates a practical difficulty for the property owner to construct a house addition on this property in a reasonable manner. The applicant proposes a garage addition which will not increase the existing nonconforming setback to the front property line b. 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 Ordinance to "Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas "and to 'Enhance the aesthetic character of the City. " The granting of the variance will allow for the re- construction of a more modern lake home c. 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 areas which were created by the topographical features on the property, namely the bluff conditions which cover the majority of the rear yard of the property d. 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 Manitou Road are similar in limited buildable lot depth do to the bluff conditions in the area. The existing front yard setback will be maintained. e. 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 addition and remodeling is for a single family residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow a garage addition and other major home remodeling to a property in the R-1 (Low Density Residential) Zoning District: a. A 3.9 foot variance from the required minimum 25 foot front yard setback (Section 7 702.405) The variance is subject to the following conditions of approval: a. The driveway width shall be reduced to a maximum 24 feet at the front property line and within the right- of-way b. The applicant shall record the Conditional Use Permit at the Scott County Recorder's Office no later than sixty (60) days after approval. c. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. PASSED AND ADOPTED THIS 191h DAY OF MAY, 2014. YES NO Phelan Phelan Blahnik Blahnik Hite Hite Larson Larson Spieler Sp ieler Dan Rogness, Community & Economic Development Director L:\14 FILES\14 VARIANCES\14977 Manitou Road NE (DEV -2014-0012)\05 19 2014 14977 Manitou Road Variance PC resolution.docx 2 14977 Manitou Variance Aqy� Po vo T HE. s Subject Site 0 Q , Q LOWER PRIOR LAKE 5� JJ s • J� 44, LYS y PROPERTY DESCRIPTION NOTE'S Lot 3, KOPP' S BAY SEC OND ADDITION, according to the recorded p lat thereof, ORIENTATION OF THIS BEARING SYSTEM ASSUMES TSE � U7Scott County, Minnesota. NORTHWESTERLY L[NE OF LOT 3, R.OPP'S BAY' SECOND � z � N ADDITION TO BEAR N 1702573" E. / y� We hereby certify that this is a true and correct survey of the above described property (SCOTT COUNTY COORDINATE SYSTEM) \ F� and that it was performed by me or under my direct supervision and that I am a duty Cn licensed Professional Land Surveyor under the laws• of the State of Minnesota. That this THIS SURVEY HAS BEEN PREPAREDWITHOUT BENEFIT OF A (� o survey does not purport to show all improvements, easements or encroachments to the TITLE COMMITMENT OR 'ITTLE OPINION.. A TITLE SEARCH FOR , property except as shown thereon. RECORDED OR UNRECORDED EASEMENTS WHICH MAY z v� Ujgg-h a� BENEFIT OR ENCUMBER THIS PROPERTY HAS NOT BEEN � z�x„3 .�1 Signed thi y of March, 201 or: James R. Hill, Inc. COMPLETED BY THE SURVEYOR. ai cn W el ��,yy:A THE LOCATION AND INFORMATION SHOWN REGARDING B40 UI'1'� S SSERVING THIS PROPERTYOR 3�TSTIlrT�Cs ON THISHarold C. Peterson, Land Surveyor, MN License No: 12294PT'RROPERT3� AS SHOWN AS A PART SOF THIS SURVEY, HAVEBEENLOCATED Bat ON-BYTEOBSERVATION.FORFURTFER'�n'"Ob/ INFORMATION CONCERNING THESE UTILTIZES PLEASE LGONTAGT THE CITYOF PRIOR LAKE ENGINEERINGDEPARTT AND/OR GOPHER STATE ONE CALL (15wJ r� <, CONTOUR INTERVAL IS 2 FEET. ALL ELEVATIONS ARE RASED � E _' &76 4 6`� `� ON THE CITY OF PRIOR LAKE DATUM (NOVI) 29) Q � Ati r�' � �''� {k i j ".`6'`�7��' s > >�� ^ir'Sp -s & '4 sl•s- 7 k seg 2 �w q�"ia�r 7 ✓r `� ��'�"• `��.��,�� '�� ` r'k`L��" ��,� `/� / / BENC:73111IARK.: TOP NUT HYDRANT EAST SIDE OF IIIIANMU ROAD BIs"17T7PV LOTS 2 & 3 ELEVATION = 977 76 FEET 03 f� / SCALE IN FEET 0 . 20 40 60 1 inch= 20 feet OVERALL GROSS AREA = 21,5$1 SQUARE FEET OR O.A95 ACRES ,ramisTi ry r' ,� ' r� ro- (AREA ABOVE 9044 HIGH WATER LEVEL) 't • i W 7 % ' .� �'`��` �r1. �''�,,�-n: � j�i:• \ --' p r .�" / / � i Oyu fA / / / - / ADDRESS OF THUS PROPERTY IS 14977 MANI TOU ROAD NE x v - --' �: "� :.,.,, / ,/ / e`� ``•cam �-�}``'� `Y ,1 � - - - - '.,�,o'' , ! PRIOR LAIM, MN 55372 n� di i / o .•- . 7 j, -�'Jo'�V` / < PID NUMBER = 250530030 t w X30 , 0) ! 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TREE TYPE W Hz M•+ _ � ~i M SPRUCE 9 LjLq Cq SPRUCE WS 1040 Q ASH 22 C 976.48 10 EXISTING TREE LIST / 1 J 1 I , / 1`',i / / 1 I � 1 1 �` // l // f / f �! �1 r / _ •,, `'' •2� J 1 1 I r 1 1 jo P"A", /,lIN -'t '`, , � / l f t 1 1 l t ! �•,�s?,� 1 i J ! � / / // / � / 1 1.. /� / ,, cryo I. / '?V # w�V AN -L�( Lav I } ,� l } } / I / / o o �� o• ° Owl 'Lon to Cn to IZ LEGEND O IRON SET r } { ; If / / // l % �� ® IRON FOUND 1 I } (1 (({ f 111 I (. ! 1 i �' M 0 to MAILBOX }�I��fjjl�Ii#j)a� I�� ELECTRIC BOX S( r# 1 1 t O MANHOLE!# 1 II t i CURB STOP. -b- HYDRANT, ASPHALT SURFACE # X900.0 EXISTING . ELEVATION CONCRETE SURFACE DECIDUOUS TREE ::.:• ::,: CONIFEROUS TREE ----1000___ EXISTING CONTOURS � TREE NO. ELEV. TREE TYPE W Hz M•+ _ � ~i M SPRUCE 9 1039 975.28 SPRUCE WS 1040 976.56 ASH 22 1041 976.48 �ZZO 9 1042 976.2 PINE 14 �a 976.47 SPRUCE 16 1062 d� W PINE 16 1106 972.71 MAPLE 20 1107 .973.85 OAK TREE NO. ELEV. TREE TYPE TREE SIZE 1038 973.58 SPRUCE 9 1039 975.28 SPRUCE 9 1040 976.56 ASH 22 1041 976.48 SPRUCE 9 1042 976.2 PINE 14 1043 976.47 SPRUCE 16 1062 975.05 PINE 16 1106 972.71 MAPLE 20 1107 .973.85 OAK 27 1113 968.39 MAPLE 26 1115 964.1 OAK 6 1150 968.65 MAPLE 20 1151 966.25 ELM 7 1152 957.37 MAPLE 14 1153 953.83 MAPLE 18 1154 954.06 MAPLE 19 1155 947.97 MAPLE 16 1156 949.38 MAPLE 9 1159 942.91 MAPLE 1921 1160 936.79 MAPLE 9 1162 931.37 MAPLE 17 1167 923.35 MAPLE 1116 1175 908.04 ELM 10 1176 907.47 ELM 19 1177 907.55 ELM 7 1178 913.67 BOXELDER 7 1197 951.38 OAK 28 1198 946.15 BASSWOOD 9 1204 920.53 MAPLE 7 1206 925.22 MAPLE 17 20 1208 915.02 ELM 11 1209 909.85 BASSWOOD 6 1211 908.98 BASSWOOD 6611 1212 911.53 BASSWOOD 10 1213 912.96 BASSWOOD 8 Z H o� STRUCTURES INTERNATIONAL expressly disclaims any liability whatsoever for errors of any. kind which may be found on the plans. Use of such plans shall be at the sole risk of the user. Any plans furnished by STRUCTURES INTERNATIONAL are furnished without any warranty by said company that they are suitable for any general or particular purpose. Reliance by any user of these plans and all responsibility for the usage of correct materials, spans, load bearing, or the application of the art or science of construction based upon the principles of mathematics, aesthet(cs, or the physical sciences must be the responsibility of the builder, the outer, or the user of the plans. Plans fumished by STRUCTURES INTERNATIONAL. were prepared by draftsman who are not cluallfied as professional architects or. professional engineers and are not licensed architects or engineers. �V LAYOUT PAGE TABLE LABEL TITLE DESCRIPTION COMMENTS T-1 COVER PAGE DOOR 50HEOULE NUMBER LABEL QTY FLOOR. SIZE WIDTH HEIGHT RIO DESCRIPTION MANUFACTURER COMMENTS 001 10068 1 1 10068 L/R EX 120 " 60 " 122"X83" EXT. QUAD SLIDER-GLA55 002 1868 1 1 1868 R IN 2011 boil 22"X82 1/2" HINGED -DOOR P03 003 2468 1 1 2468 L IN 211/2 " 80 is 2q 1/2"X82 1/2" HINGED -DOOR P03 004 2568 1 0 2568 R IN 2q of 80 " 31"X82 1/2" HINGED -DOOR P03 005 2668 3 0 2668 R IN 3011 80 11. 52"X52.1/211. HINGED -DOOR P03 006 2668 1 1 2668 L 301, 80, 32"X82 1 /2" POCKET -DOOR PO4 001 2668 1 1 2668 L IN 3011 boil 32"X82 1/211 HINGED -DOOR P03 008 2668 1 1 2668 R IN 30 " 80, 32"X82 1/2" HINGED -DOOR P03 OOq 2868 1 1 2868 L 32. 80 " 34"X82 1/2" POCKET -DOOR PO4 010 2868 1 1 2868 L EX 32 " 80 " 34"X83" EXT. HINGED -DOOR E02 011 2868 1 1 2868 R 3211 80 " 34"X82 1/2" POCKET -DOOR PO4 012 3068 10 3068 R EX 36" 8011 3811X83" EXT. HINGED -GLASS 013 3068. 1 10 3068 R IN 36 " 80" 38"X82 1/2' . HINGED -DOOR P03 014 3068 1 1 3068 L 36 " 80 " 38"X82 1 /2" POCKET -DOOR F04 015 3068 11 3068 L EX 36 '° 80 " 38"X83" EXT. HINGED -DOOR E01 016 3068 1 11 3068 R 36 " 8011 38"X82 1/2" POCKET -DOOR PO4 D11 3068 1 11 3068 R EX 36 of 60.11 3811X83. EXT. HINGED -GLASS 018 3068 1 1 3068 R IN 36 " 60" 38"X82 1/2" HINGED -DOOR P03 01q 4068 1 0 4068 L/R IN 45' 80 " 50"X812-1/2" DOUBLE HINGED -DOOR P03 020 4068 1 1 4068 L/R IN 4811 8011 50"X82 1/2" DOUBLE HINGED -DOOR P03 D21 1506& 10 5068 L/R IN 60 " 80 " 6211X82 112" DOUBLE HINGED -DOOR P03 022 6068 1 1 6068 L/R EX '72 " 80 " 14"X83" EXT. DOUBLE HINGED -DOOR E16 023 g080 1 1 g080 1081, 1q& " 110°°Xgq" GARAGE -GARAGE DOOR CH008 024 g080' 1 1 lqobo llob " g6 " 110"Xgq" WOOD GARAGE DOOR STRUCTURES INTERNATIONAL expressly disclaims any liability whatsoever for errors of any. kind which may be found on the plans. Use of such plans shall be at the sole risk of the user. Any plans furnished by STRUCTURES INTERNATIONAL are furnished without any warranty by said company that they are suitable for any general or particular purpose. Reliance by any user of these plans and all responsibility for the usage of correct materials, spans, load bearing, or the application of the art or science of construction based upon the principles of mathematics, aesthet(cs, or the physical sciences must be the responsibility of the builder, the outer, or the user of the plans. Plans fumished by STRUCTURES INTERNATIONAL. were prepared by draftsman who are not cluallfied as professional architects or. professional engineers and are not licensed architects or engineers. �V LAYOUT PAGE TABLE LABEL TITLE DESCRIPTION COMMENTS T-1 COVER PAGE P-1 MAIN LEVEL P-2 LOWER LEVEL / FOUNDATION P-3 IELEVATION5 P-4 OVERVIEW5 P-5 5ECTION5 v G-1 KITCHEN / LAUNDRY CABINETRY 0-2 CABINETRY ELEVATIOIN5 STRUCTURES INTERNATIONAL expressly disclaims any liability whatsoever for errors of any. kind which may be found on the plans. Use of such plans shall be at the sole risk of the user. Any plans furnished by STRUCTURES INTERNATIONAL are furnished without any warranty by said company that they are suitable for any general or particular purpose. Reliance by any user of these plans and all responsibility for the usage of correct materials, spans, load bearing, or the application of the art or science of construction based upon the principles of mathematics, aesthet(cs, or the physical sciences must be the responsibility of the builder, the outer, or the user of the plans. Plans fumished by STRUCTURES INTERNATIONAL. were prepared by draftsman who are not cluallfied as professional architects or. professional engineers and are not licensed architects or engineers. �V z O t= A v L � LU 0 w� J � v p z x .- N H t N z�. Q 3 N m (L N O} z N �w ,w v Ujw Q w MlZ STRUCTURES INTERNATIONAL expressly disclaims any liability whatsoever for errors of any. kind which may be found on the plans. Use of such plans shall be at the sole risk of the user. Any plans furnished by STRUCTURES INTERNATIONAL are furnished without any warranty by said company that they are suitable for any general or particular purpose. Reliance by any user of these plans and all responsibility for the usage of correct materials, spans, load bearing, or the application of the art or science of construction based upon the principles of mathematics, aesthet(cs, or the physical sciences must be the responsibility of the builder, the outer, or the user of the plans. Plans fumished by STRUCTURES INTERNATIONAL. were prepared by draftsman who are not cluallfied as professional architects or. professional engineers and are not licensed architects or engineers. �V O A L � v p z x .- N �q N o Q 3 N m (L N L z N v DATE: 4/1/2014 114" = 1 '-0" SHEET: P-1 1 STRUCTURES INTERNATIONAL expressly disclaims any liability whatsoever.for errors of any kind uAUch may be found on the plans. Use of such plans shall be at the sole risk of the user. Any plans furnished by STRUCTURES INTERNATIONAL are furnished udthout any warranty by said company that they are suitable for any general or particular purpose. Reliance by any user of these plans and all responsibility for the usage of correct materials, spans, load bearing, or the application of the art or science of construction based upon the principles of mathematics, aesthetics, or the physical sciences must be the responsibility of the builder, the owner, or the user of the plans. Plans furnished by STRUCTURES INTERNATIONAL were prepared by draftsman who are not qualified as professional architects or professional engineers and are not licensed architects or engineers. `Mi AZ ff ^^ v 0 n 4-A UA v w a LU QL �w in d- z N 4-A V Z to L O} 4—A �w }(Y- to w A U4 n z STRUCTURES INTERNATIONAL expressly disclaims any liability whatsoever.for errors of any kind uAUch may be found on the plans. Use of such plans shall be at the sole risk of the user. Any plans furnished by STRUCTURES INTERNATIONAL are furnished udthout any warranty by said company that they are suitable for any general or particular purpose. Reliance by any user of these plans and all responsibility for the usage of correct materials, spans, load bearing, or the application of the art or science of construction based upon the principles of mathematics, aesthetics, or the physical sciences must be the responsibility of the builder, the owner, or the user of the plans. Plans furnished by STRUCTURES INTERNATIONAL were prepared by draftsman who are not qualified as professional architects or professional engineers and are not licensed architects or engineers. 0 `Mi AZ ff ^^ v L n 4-A UA 0 QL in d- z N 4-A V L 4—A , V DATE: E:. 4/1/2014 1/411 = 1 1-0" 5HEET: P-3