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HomeMy WebLinkAbout4A 2860 Spring Lake Road Variance ReportPRip� FV U 4646 Dakota Street SE 'MEWPrior Lake, NW 55372 MESO'Vt PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 6, 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 MAXIMUM IMPERVIOUS SURFACE COVERAGE FOR A PROP- ERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction Jeff Bester is requesting a variance from the maximum impervious surface re- quirement to construct an attached garage on a property located at 2860 Spring Lake Road SW, between Center Road SW and Spring Lake Road SW. The fol- lowing variance is requested: A 12.8% variance from the 30% maximum impervious surface require- ment for a residential property in the Shoreland District (Section 1104.306) 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 7,088 square foot property currently contains a single family home. The applicant is proposing to construct an attached, 2 -stall, 720 square foot gar- age on the site. A single family dwelling originally constructed in 1980 with no garage currently exists on the site. Due to a recent land acquisition of property along Spring Lake Road the home lies approximately 30 feet from the road right of way. The county land acquisition for the recent road and sidewalk improve- ments required over 750 square feet of property from the residential site to be added to the Spring Lake Road right of way (approximately 10% of the former total lot area of the residential site). A study of existing impervious surface amounts on nearby properties in the area identify a range of approximately 24 - 41 % impervious surface of the total lot ar- eas. The proposed side and rear yard setbacks indicate conformance with 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. The only suitable placement of a garage is in the rear yard which requires a longer driveway and therefore more impervi- ous surface. A garage is a reasonable accessory use for a residential property. (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 an attached 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 7,088 square foot lot size. A conforming lot size under current Ordinance requires a 12,000 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. A study of existing impervious surface amounts on nearby properties in the area identify a range of approximately 24 - 41% impervious surface of the total lot areas (and they have smaller driveway impervious surface areas due the fact that the garages are located between the house and the street rather than the rear yard). (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 30% maximum impervious surface requirement ap- pears to create a practical difficulty for the property owner to maintain a reason- able use on the property. The applicant proposes the addition of a detached 2 - car garage (24' x 30') to the property which will be consistent with other existing nonconforming front yard setbacks of nearby properties. The existing lot of rec- ord has no area in the front yard to construct a garage and construction in the rear yard will require a longer driveway around the house, thereby adding to the impervious surface. City Staff does believe that the applicant could eliminate the shed in the rear yard and reduce the driveway width to approximately 8 feet to alleviate some excess hard surface. In addition City Staff does suggest the applicant shift the attached garage toward the northern side line (to a side setback of 5 feet) to increase the turning radius ability of cars in and out of the side loading garage. These afore mentioned modifications would reduce the impervious surface on the property from 42.8% to 40.5% of the total lot area. In addition, a standard 2 -car garage is generally 26' x 24', which could further reduce the variance by 1.3%; 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. 3. The applicant shall remove the existing shed, reduce the driveway width to indicate a 5 foot side yard setback, and shift the proposed garage to a 5 foot side yard setback of the northwestern property line. The survey shall be revised to indicate these changes. 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. Survey dated Sept 2nd, 2014 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 14-XXPC A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT 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 October 6, 2014, to consider a request from Jeff Bester to approve a variance from the minimum front yard setback to allow construction of an attached garage on a property in the R-1 (Low Density Residential) Zoning District at the following property: 2860 Spring Lake Road SW, Prior Lake, MN 55372 Lot 9, Block 37, SPRING LAKE TOWNSITE, Scott County, Minnesota. (PID 25-133-059-6) 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 -000020 and held a hearing thereon on October 6, 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. The only suitable placement of a garage is in the rear yard which requires a longer driveway and therefore more impervious surface. A garage is a reasonable accessory use for a residential property. 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 an attached 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 7,088 square foot lot size. A conforming lot size under current Ordinance requires a 12,000 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. A study of existing impervious surface amounts on nearby properties in the area identify a range of approximately 24 - 41 % impervious surface of the total lot areas (and they have smaller driveway impervious surface areas due the fact that the garages are located between the house and the street rather than the rear yard). 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 an office warehouse building in the 1-1 (General Industrial) Zoning District: a. A 70.5% variance from the required minimum 30% maximum impervious surface requirement (Section 1104,306) 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. c. The applicant shall remove the existing shed, reduce the driveway width to indicate a 5 foot side yard setback, and shift the proposed garage to a 5 foot side yard setback of the northwestern property line. The survey shall be revised to indicate these changes. PASSED AND ADOPTED THIS 6th DAY OF OCTOBER, 2014. VOTE Phelan Blahnik Hite Larson Spieler Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness, Community & Economic Development Director BUIZZMA4f" PFRffIT SUP. TTY P&ZPe4_RE,1 FOR JRRR BFSTFR 22860 SPRING 1,14AT ROWD S#r PRIOR LAKE, ffN 55372 4 6XISPIA C SITU Rd f4 Net Property Area = 7,088 sq. ft. ExIsting Dwelling = 960 sq. ft. Existing Concrete Areas = 36 sq. ft. t xlsting V1tuminatis Areg = 75.8 sq. ft. Existing Shed = 109 sq. ft. E'xlsting Impervious Surface Coverage = 1,863 sq. ft. (26.37) Maximum Coverage Allowed = 2,126 sq. ft. (307) Net Property Area = 7,088 sq. ft. Existing Dwelling W 960 sq, ft. Existing Concrete Areas = 36 sq. ft. Existing Bituminous Area = 758 sq, ft, Existing Shed= 109 sq. ft. Proposed Garage = 720 sq. ft. . Proposed Driveway = 448 sq.ft, Proposed Impervious Surface Coverage = 3 031 sq. ft. (42.87) 92a 8 / �� , g23• , valley Surveying- co, P-44, Q Land Surveuers Phone (952) 447-2570 Suite 230 Planners Fax (952) 447-2571 16570 Franklin Trail S.E. Prior Lake, Minnesota 55372 `, • tri � / \\`` 1 EXISTING j i�4j .0FrLLING r. 9�j 4-� \q 9 � D C7'li/y �,7 g�,�• 4 �sI � /PROPOSEI.� �° DRIY.E ' L'XISTIAW ea `Kb( M1,J � Ate/ ! } r.•"' �• r, V 13 lee 20 0 10 20 SCAM- IN FEET DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET AND MARKED BY LICENSE NO. 42309 Surveyor's Note: LEGAL DESCRIPTION: (as provided) That part of Lot 9, Block 37, SPRING LAKE TOfl9VW , Scott County, Minnesota which lies northeasterly of the northeasterly right of way line of Scott County Right of Way Plat No. 71. Together with that part of the now vacated alley lying immediately adjacent to sold Lot 9. Also showing the location of visible Improvements and encroachments on to or off from said property, if any, as located In the field the 26th day of August, 2014, as well as the locatlon of the proposed garage. NOTES- Benchmark Elevation 924.50 Top nut of hydrant N€ quadrant. of Northwood Road and Spring Lake Road SW. X 9236 Denotes existing grade spot elevation (92.3.6) Denotes proposed grade spot elevation --�- — Denotes proposed direction of Anished surface dralnoge Set the proposed garage floor at elevation 923.8 ***CONTRACTOR TO VERIFY PROPOSED GARAGE DIMENSIONS PRIOR TO CONSTRUCTION*** 1. No title work was furnished for the preparation of this survey to verify ownership, the legal description, or the existence of any easements or encumbrances. 2. L6t 9 area Within Scott County Right of Way Plat No, 71, as shown on said flight of Way Piot, is 811 sq.ft. Denotes existing concrete -surface- urfaceDenotes Denotesexisting bituminous surface Denotes existing wood deck 1 UU PI �diS 1 hereby certify that this Building Permit Survey was prepared by me or under my direct supervislon and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Minnesota Licens ber 4230 Dated this M_ — day of`_2014 FILE 10987 BOOK 261 PAGE 28 GREG C: /Drawings/10987--PERMIT.dw9