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HomeMy WebLinkAbout4A 5322 Candy Cove Trail Variance 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: OCTOBER 5, 2015 AGENDA #: 4A PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE PUBLIC HEARING: YES AGENDA ITEM: CONSIDER A REQUEST FOR APPROVAL OF A VARIANCE FROM THE MINIMUM BLUFF SETBACK AND GRADING IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT DISCUSSION: Introduction David Haider, the owner of the subject property, is requesting variances in order to allow for grading and construction of a building addition within a bluff impact zone a bluff setback on a property located at 5322 Candy Cove Trail NE. The property is located along the southern shores of Lower Prior Lake, west of Trunk Hwy 13, east of Manor Road. The property currently contains a single family home. The following variances are requested with the proposed survey: • An 25 foot variance from the required minimum 25 foot structure set- back from the top of a bluff slope (Section 1104.304) • A variance to allow re-grading and construction within a bluff impact zone (Section 1104.303) History 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 and detached garage which was con- structed in 1974, (granted a side yard variance). The property contains a very steep slope of greater than 40 percent in some areas. Current Circumstances The property is approximately 17,000 square feet according to the existing sur- vey. Ordinance Requirements: Subsection 1104.303-305 details the requirements for bluff slope areas. Bluff areas are defined by City Ordinance as areas which are over 25 feet in height with an average grade of 30% or greater. The top of the bluff is the point at which the slope is less than 18% grade over a distance of 25 feet. This point is located near the front of the house, therefore the entire house and all elevations below it to the shores of Prior Lake are within the bluff slope area. Proposed Construction: The applicant is proposing to construct a 300 square foot addition to connect the garage and house and an 80 square foot upper 2 level covered porch addition to existing covered porch. The porch addition will be constructed above the grade on posts and pilings rather than into the grade to lessen the impact to the bluff slope and prevent soil erosion. Conclusion City Staff has met with the applicant regarding the variance requests. The addi- tion between the existing garage and house will involve minimal grading as it is in a generally flat area between the structures. The porch addition is proposed above the grade so that impacts to the slope below will be minimized. Based upon the criteria listed in Section 1108.400 of the Zoning Ordinance, City Staff supports the requested variances. ISSUES: This project includes requests for variances. 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. There are practical difficulties in complying with the strict terms of the Or- dinance. Without the approval of variances, the work to connect the gar- age and house, and construct a reasonable porch addition above the grade of the bluff would not be allowed. (2) The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The granting of the variances appears to be 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 develop- ment of the residential, business, industrial, public land, and public ar- eas”. Furthermore the Shoreland Ordinance (Section 1104) policy’s in- tent is “in the best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” The reasonable residential house additions are in harmony with these pur- poses and policies. (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 presence of a bluff slope on the property and the existing house within the bluff impact zone area creates a practical difficulty for the prop- erty owner to create a reasonable addition to the dwelling without the re- quested variances. 3 (4) The granting of the variances 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 essential character of the Candy Cove Trail neighborhood. There are other riparian properties in this corridor with similar slopes that have improvements in place within bluff areas. (5) The granting of the Variances 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 variances would allow construction of an addition to a residential dwelling and retaining walls which are an allowed use within the R-1 (Low Density Residential) Zoning District. ALTERNATIVES: 1. Motion and a second to approve a resolution approving the variances re- quested by the applicant with the listed conditions, or approve any variance the Planning Commission deems appropriate in the circumstances. 2. Motion and a second to table or continue discussion of the item for specific purpose as directed by the Planning Commission. 3. Motion and a second to deny the variance requests because the Planning Commission finds a lack of demonstrated practical difficulties under the zon- ing code criteria RECOMMENDED MOTIONS: Alternative #1. EXHIBITS: 1. Resolution 15-XXPC 2. Location Map 3. Survey dated 9-11-15 4. Conceptual building plans stamp dated 9-14-15 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-XXPC A VARIANCE FROM THE BLUFF SETBACK AND THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on October 5, 2015, to consider a request from David Haider to approve a variance from the bluff setback and the bluff impact zone to construct building additions in the R1-SD (Low Density Residential Shoreline) Zoning District at the following property: 5322 Candy Cove Trail That part of Government Lot 3, Section 36, Township 115, Range 22, Scott County, Minnesota, together with vacated Candy Cove Trail described as beginning at the most southerly corner of Lot 1, CANDY COVE PARK, according to the recorded plat thereof, said Scott County; thence southwesterly at an angle of 86 degrees 11 minutes 57 seconds, as measured from the southwesterly line of said Lot 1, a distance of 96.84 feet to Line A described below; thence northwesterly, along said Line A and its extension, 174 feet, more or less, to the shoreline of Prior Lake; thence northeasterly, along said shoreline, 101 feet, more or less, to said southwesterly line of Lot 1; thence southeasterly, along said southwesterly line of Lot 1, a distance of 178 feet, more or less, to the point of beginning. Line A is described as commencing at said most southerly corner of Lot 1; thence southwesterly at an angle of 71 degrees 00 minutes 00 seconds, as measured from said southwesterly line of Lot 1, a distance of 50.00 feet; thence northwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.40 feet; thence southwesterly at an angle of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to the point of beginning of Line A to be described; thence southeasterly at an angle of 94 degrees 27 minutes 00 seconds to the left, 135.00 feet and said Line A there terminating. (PID 25-936-069-0) 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 #DEV15- 001020 and held a hearing thereon on October 5, 2015; and 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 2 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. 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. There are practical difficulties in complying with the strict terms of the Ordinance. Without the approval of variances, the work to connect the garage and house, and construct a reasonable porch addition above the grade of the bluff would not be allowed. b. The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The granting of the variances appears to be 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”. Furthermore the Shoreland Ordinance (Section 1104) policy’s intent is “in the best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters.” The reasonable residential house additions are in harmony with these purposes and policies. 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 presence of a bluff slope on the property and the existing house within the bluff impact zone area creates a practical difficulty for the property owner to create a reasonable addition to the dwelling without the requested variances. d. The granting of the variances 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 essential character of the Candy Cove Trail neighborhood. There are other riparian properties in this corridor with similar slopes that have improvements in place within bluff areas. e. The granting of the Variances 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 variances would allow construction of an addition to a residential dwelling and retaining walls which are an allowed use within the R-1 (Low Density Residential) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow a construction of a building addition in the R1-SD (Low Density Residential Shoreland) Zoning District: a. An 25 foot variance from the required minimum 25 foot structure setback from the top of a bluff slope (Section 1104.304) b. A variance to allow re-grading and construction within a bluff impact zone (Section 1104.303) 3 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 5th DAY OF OCTOBER, 2015. _______________________________ Wade Larson, Commission Chair ATTEST: _________________________________ Dan Rogness, Community & Economic Development Director VOTE Blahnik Fleming Larson Peterson Aye ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐