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Home My WebLink About4A 17181 Sunset Avenue Variance ReportPRip� FV U f" 4646 Dakota Street SE Prior Lake, NW 55372 NE50't PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 16, 2014 AGENDA #: 4A PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION GRANTING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Leo Alfred is requesting a variance from the front yard setback to construct a detached garage on a property located at 17181 Sunset Avenue SW on the west- ern shores of Spring Lake, south of 170th Street SW. The following variance is requested: • A 9.4 foot variance from the required minimum 20 foot front yard set- back using averaging of two existing front yards within 150 feet along the same block (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 7,283 square foot property currently contains a single family home. The applicant is proposing to construct a detached, 2 -stall, 600 square foot gar- age on the site. A single family dwelling originally constructed in 1900 with no garage currently exists on the site. The home lies within 60 feet of the Spring Lake high water mark. Other properties within the area also have nonconforming front yard setbacks. The properties to the immediate south have front yard setbacks of 10.6 feet or less. The proposed side yard setback (7.2 feet) and lot impervious surface (28.37%) are proposed to conform to the Zoning Ordinance. ISSUES: This project includes a request for a variance. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provi- sions 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 small lot size and limited front yard area create a practical difficulty for the property owner. Moving the garage west, including its attachment to the house, would block existing windows and create a larger remodel- ing project for the applicant to the older early 1900s structure. (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 addition of a detached garage to the property which cur- rently has no garage structure. (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 which was created by the small 7, 283 square foot lot size. A conforming lot size under current Ordinance requires a 15,000 square foot lot. (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 Sunset Avenue are similar in limited buildable lot size and have similar nonconforming front setbacks of 10 feet or less. (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 detached garage construction is for a single family residential dwelling use which is an allowed use within the R-1 (Low Density Residential) Zoning District. Conclusion The strict application of the 20 foot minimum front yard setback using the aver- aging of nearby properties appears to create a practical difficulty for the property owner to maintain a reasonable use on the property. The applicant proposes the addition of a detached 2 -car garage (20' x 30') to the property which will be con- sistent with other existing nonconforming front yard setbacks of nearby proper- ties. The existing lot of record has limited area in the front yard for construction of a garage without the need for a variance. Two options are possible to reduce the front setback variance, including (1) attach the garage to the house, or (2) reduce the length of the garage. While the appli- cant could construct an attached garage, this would block existing windows and create a larger remodeling project for the applicant to the older early 1900s struc- ture. In addition, other riparian lots in the immediate area along Sunset Avenue are similar in limited buildable lot size and have similar nonconforming front set- backs of 10 feet or less. A standard 2 -car garage is generally 24' x 24', which would reduce the variance by 6 feet; however, the applicant desires additional area within the garage for storage due to the small house and lot size for area storage. Based upon these findings in this report, staff recommends approval of the re- quested variances with the following conditions: 1. The applicant shall record the variance at the Scott County Recorder's Office no later than sixty (60) days after approval. 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. The variance is subject to the issuance of required permits from all applicable governmental agencies. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the requested vari- ance or any variance the Planning Commission deems appropriate in these circumstances. 2. Motion and a second to table and/or continue discussion of the item for spe- cific purpose. 3. Motion and a second to deny the variance 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. Aerial Photo 4. Survey dated May 24, 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 June 16, 2014, to consider a request from Leo Alfred to approve a variance from the minimum front yard setback to allow construction of a detached garage on a property in the R-1 (Low Density Residential) Zoning District at the following property: 17181 Sunset Avenue SW, Prior Lake, MN 55372 Lot 3, Block 1, Sunrise 1st Addition, Scott County, Minnesota. (PID 25-489-002-0) 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 -0013 and held a hearing thereon on June 16, 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 small lot size and limited front yard area create a practical difficulty for the property owner. Moving the garage west, including its attachment to the house, would block existing windows and create a larger remodeling project for the applicant to the older early 1900s structure. 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 addition of a detached garage to the property which currently has no garage structure. 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 which was created by the small 7, 283 square foot lot size. A conforming lot size under current Ordinance requires a 15,000 square foot lot. 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 Sunset Avenue are similar in limited buildable lot size and have similar nonconforming front setbacks of 10 feet or less. 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 detached garage construction is for a single family residential dwelling use 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 construction of a detached garage on a property in the R-1 (Low Density Residential) Zoning District: a. A 9.4 foot variance from the required minimum 20 foot front yard setback using averaging of two existing front yards within 150 feet along the same block (Section 1102.405) The variance is subject to the following conditions of approval: a. The applicant shall record the variance at the Scott County Recorder's Office no later than sixty (60) days after approval. 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. b. The variance is subject to the issuance of required permits from all applicable governmental agencies. PASSED AND ADOPTED THIS 16th DAY OF JUNE, 2014. VOTE Phelan Blahnik Hite Larson Spieler Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness, Community & Economic Development Director coon' §dam ; Subject Property �r Ir E }�_.� , �A- { � g _ rte• � ,� - ADVANCE SURVEYING & ENGINEERING CO. HARDCOVER 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 225 0502 WWW.ADVSUR.COM 1,087 SQ. SURVEY FOR: LEO ALFRED SHED - SURVEYED: April, 2014 DRAFTED: April 29, 2014 REVISED: May 13, 2014 to show front yard topography, DECKING proposed garage, driveway, grading, drainage and erosion control plan and hardcover for review. FT. REVISED: May 27, 2014 to show drive into 20 foot side of garage. 1,382 SQ. LEGAL DESCRIPTION: AREA OF LOT Lot 3, Block 1, Sunrise View Ist Addition, Scott County, Minnesota. SQ. FT. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. ^�h 3. Setting new monuments or verifying old monuments to mark the corners of the property. �- 4. While we show proposed improvements to your property, we are not as familiar with your plans as you are nor are we as familiar with the requirements of governmental agencies as their employees are. We suggest that you review the 6ENCHMARK survey to confirm that the proposals we show are what you intend and submit the survey to such governmental agencies MANHOLE that may have jurisdiction over and their approvals if can before beginning construction or 9L your project gain you E .=91 •41�_l•F:ti. planning improvements to the property. pROpl STANDARD SYMBOLS & CONVENTIONS: TEA"i" Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. ' RDCK CERTIFICATION: I hereby certify that this plan, specification, report or survey was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer and Licensed Land Surveyor under the laws of the state of Minnesota. 7, Signature: M. -i P Typed Name: James H. Parker Reg. No.: 9235 Date: May 27, 2014 GRAPHIC SCALE ( IN FEET ) EXISTING HARDCOVER HOUSE - 1,087 SQ. FT. SHED - 100 SQ. FT. DECKING - 195 SQ. FT. TOTAL - 1,382 SQ. FT. AREA OF LOT - 7,283 SQ. FT. COVERAGE - 19.0% PROPOSED HARDCOVER HOUSE - 1,087 SQ. FT. GARAGE - 600 SQ. FT. WALK - 56 SQ. FT. DRIVEWAY - 184 SQ. FT. DECKING - 139 SQ. FT. TOTAL - 2,066 SQ. FT. AREA OF LOT - 7,283 SQ. FT. COVERAGE - 28.37% U U 91 ) f p 10.6 9 U �---- --1,39-20 EXISInNG DWELLING POUND /RON I to �-Fx 1 O. a'$ '/919. EXISTING COIVTObRr EXISTING SPOT ELEV-MOAr PROPOSED CONTOUR PROPOSZO ELEV4TION/SPOT L'LEV.4TION DR"MA6E ")?O%P - FLO#r SILT FENCE/STR4#'LOGS EXISTING° p ►'SELLING co �, 3„ 1_"39 W 0.1 2$ _ .g2o,z-919, - w 'USED 24 � i ' DE I - - O1pNG PROP Ilk" ,9� WALK C3) t moo. �o •.9 'a S 1-9 LLECTNIo ---------------------- --- 58.2 SHED 0.77 CGARAGE --- -883------ X 883.0 BB.i — --My SF 140142 2014 05 27 A JP PROPO ET