HomeMy WebLinkAbout5a_PC Report full agenda packet1 05 22 23 14756 Cove Ave Variance
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: MAY 18, 2023
AGENDA #: 5A
PREPARED BY:
PRESENTED BY:
JEFF MATZKE, PLANNER
JEFF MATZKE
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION APPROVING
VARIANCES FROM THE MINIMUM SIDE YARD SETBACKS ON A PROPERTY LO-
CATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
DISCUSSION: Introduction
Jeff Belzer, on behalf of the Jamie A Belzer Revocable Trust, is requesting variances
from the minimum side yard setbacks for construction of an addition to the existing
attached garage. The property is located at 14756 Cove Avenue SE along the southern
shores of Lower Prior Lake. The requested variances are listed below:
· A 4.4-foot variance from the required minimum side yard setback for a wall longer
than 60 feet in length without applicable break in the wall segment. (Section
1141.500 (7)
· A 1.3-foot variance from the required minimum 4.5-foot side yard setback for roof
eaves (Section 1141.800 (3)
Regulation Requirement Proposed Variance
Side Yard Setback (wall over 60 feet in
length) 9.4 ft. 5.0 ft. 4.4 ft.
Side Yard Setback (for roof line eaves) 4.5 ft. 3.2 ft. 1.3 ft.
History
The property is zoned R-1 (Low Density Residential) and is guided R-LD (Urban Low
Density) on the 2040 Comprehensive Plan Land Use Map. The property is in the
Shoreland Overlay District of Prior Lake. The existing house was constructed in 2007.
Current Circumstances
The applicant is requesting to construct a 131 sq. ft. addition to the rear of the existing
garage. As highlighted in the attached narrative from the applicant, two of the three
garage stall areas are currently under 16 feet in depth. The addition would increase
the garage stall depth of these two stalls to 21 feet.
Side Setback: Subsection 1141.500 (7) states “the width of the side yard setback
abutting a building wall shall be increased two (2) inches for each one (1) foot the length
of the building wall exceeds 60 feet. The additional setback will not be applied if there
is a break in the building wall equal to ten (10) percent of the entire length of the wall.”
The 5-foot break in the wall at the rear of the garage currently meets the intent of this
City Code. The existing house was constructed in 2007 with a break in the wall at the
garage because the previous homeowner did not desire a deeper than 16-foot garage
2
at the time. The typical depth of a garage stall is generally 22-23 feet minimum. In
addition, City Code 1141.801 (3) requires all roof eaves to be a minimum of 4.5 feet
from the property lines. The current eaves for the house do not meet this City Code
and the proposed garage extension would bring the eaves at the rear of the garage in
line with the remaining eaves on the side of the house.
ISSUES: This project includes a request for variances. Section 1152 states that the Board of
Adjustment may grant a variance from the strict application of the provisions of the
Zoning Ordinance, provided that:
1) Variances shall only be permitted when they are in harmony with the
general purposes and intent of the Zoning Code.
The granting of the variances is in harmony with the general purposes of
the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordi-
nance is to “Promote the most appropriate and orderly development of the
residential, business, industrial, public land, and public areas”. Furthermore,
the Shoreland Ordinance (Section 1130) policy’s intent is “in the best inter-
ests of the public health, safety, and welfare to provide for the wise devel-
opment of shoreland of public waters.”
2) Variances shall only be permitted when they are consistent with the
Comprehensive Plan.
The granting of the variance is consistent with the Comprehensive Plan and
its goal to maintain and improve physical character and identity. This is
accomplished by achieving compatible relationships between different
types of land uses by utilizing design standards, appropriate buffers, land
use transitions, and high-quality design.
3) Variances may be granted when the applicant for the variance
establishes that there are practical difficulties in complying with the
Zoning Code. “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 Code,
the plight of the landowner is due to circumstances unique to the
property not created by the landowner, and the variance, if granted,
will not alter the essential character of the locality.
There are practical difficulties in complying with the strict terms of the Ordi-
nance. The narrow lot width (60 feet) results in a limited area for placement
of a typical garage and roof eaves that meet the side yard setback require-
ments. The typical garage depth is 22-23 feet, thereby the existing 16-foot
depth of the garage is atypical. The applicant is requesting a 21-foot-deep
garage.
4) Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
3
Conclusion
City Staff believes variances are warranted and necessary to allow for construction of
a typical garage depth due to the narrowness of the lot width (60 feet). Other neighbor-
hood lake homes have similar long side walls on narrow lots. Therefore, City Staff rec-
ommends approval of the requested variances with the following conditions:
The variance resolution shall be recorded at Scott County.
Building Permit shall be obtained from the Building Department prior to the com-
mencement of construction.
ALTERNATIVES: 1. If the Planning Commission finds the requested variances are warranted in this
case, a motion and a second to adopt a resolution approving the variances re-
quested for 14756 Cove Avenue SE with the listed conditions or approve any vari-
ance the Planning Commission deems appropriate in the circumstances.
2. If the Planning Commission finds the requested variances are not warranted in this
case, a motion and a second to deny the variance requested because the Planning
Commission finds a lack of demonstrated practical difficulties under the zoning
code criteria.
RECOMMENDED
MOTIONS:
3. If the Planning Commission would like additional information from the applicant
about one or more of the requested variances, a motion and a second to table or
continue discussion of the item for specific purpose as directed by the Planning
Commission.
Alternative No. 1
ATTACHMENTS: 1. Resolution 23-03PC
2. Location Map
3. Survey dated 4-18-23
4. Proposed Garage Plans
5. Applicant Narrative
1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-03PC
VARIANCES FROM THE SIDE YARD SETBACKS TO ALLOW A GARAGE ADDITION ON A
PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on May 22, 2023, to consider a request from Jeff Belzer, on behalf
of the Jamie A Belzer Revocable Trust, requesting variances from the minimum side
yard setbacks to allow construction of a garage addition on a property located in the
R-1 (Low Density Residential) Zoning District at the following property:
(PID 258010500)
Legal Description: Lot 11, SEVEN ACRES and Lots 1 and 2, Kneafsey's Cove,
Scott County, Minnesota.
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 variances as
contained in Case #DEV22-000013 and held a hearing thereon on May 22, 2023;
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.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION 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. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Code.
The granting of the variances is in harmony with the general purposes of the Ordinance and
Comprehensive Plan. A purpose of the Zoning Ordinance is to “Promote the most
appropriate and orderly development of the residential, business, industrial, public land, and
public areas”. Furthermore, the Shoreland Ordinance (Section 1130) 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.”
2
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The granting of the variance is consistent with the Comprehensive Plan and its goal to
maintain and improve physical character and identity. This is accomplished by achieving
compatible relationships between different types of land uses by utilizing design standards,
appropriate buffers, land use transitions, and high-quality design.
c. Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the Zoning Code. “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
Code, the plight of the landowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the essential
character of the locality.
There are practical difficulties in complying with the strict terms of the Ordinance. The narrow
lot width (60 feet) results in a limited area for placement of a typical garage and roof eaves
that meet the side yard setback requirements. The typical garage depth is 22-23 feet,
thereby the existing 16-foot depth of the garage is atypical. The applicant is requesting a
21-foot-deep garage.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the
following variances to allow the construction of a single-family dwelling per the proposed survey
in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 4.4-foot variance from the required minimum side yard setback for a wall longer than 60
feet in length without applicable break in the wall segment. (Section 1141.500 (7)
b. A 1.3-foot variance from the required minimum 4.5-foot side yard setback for roof eaves
(Section 1141.800 (3)
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. A Building Permit shall be obtained from the Building Department prior to the
commencement of construction.
PASSED AND ADOPTED THIS 22ND DAY OF MAY 2023.
_______________________________
Jason Tschetter, Acting Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tschetter Johnson Kallberg Tennison Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
2
Proposed Floor Plan
" = 1'-0"4
1SCALE:
3
Proposed Roof Plan
" = 1'-0"4
1SCALE:
1
Existing Plan
" = 1'-0"4
1SCALE:
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2023.04.24VARIANCE APP.
EXISTING WALL TO REMOVE
(SHADED) NEW WALL
NEW WALL
EXG. WALL
COLOR CODE
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1SCALE:
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1SCALE:
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Proposed North Exterior Elevation
SCALE: N.T.S.
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Proposed 3D View
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code requirements.
heating, plumbing and electrical
covenants, zoning, building, fire,
responsible for verifying all
3. The General Contractor is
the Owner.
Structural Engineer, provided by
to be specified by a licensed
foundation and framing work are
including but not limited to footing,
2. All structural requirements,
sound project.
code compliant and technically
required, to properly construct a
in the Construction Drawings, as
configurations and details depicted
and responsibility to revise
General Contractor has the right
properly complete the Work. The
in order to coordinate and
resolve configuration deficiencies
engineering as needed, and to
additional detailing, drawings, and
responsibility including providing
Contractor must take full
1. The Owner/ General
SUB-CONTRACTORS
ALL CONTRACTORS &
IMPORTANT NOTE FOR
ISSUANCE DATE:
Construction
Not for
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2023.04.24VARIANCE APP.
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A3.0
1
LINE OF OLD GARAGE
(DASHED)
Monday, April 24, 2023
Dear Members of the Prior Lake Community Development Department,
We are writing to inform you of an application for a series of variances for the property located at 14756 Cove Ave
SE, Prior Lake, MN 55372 . We have been hired to explore the design options for a small garage extension
for our clients Jeff and Jaime Belzer.
Project Description
The proposed project is a small 5-foot-deep extension to the existing
3-stall attached garage. The goal is to improve the inadequate stall
depth that makes it impossible to park full-sized family vehicles at a
normal angle, Currently, our clients are forced to park
a single vehicle at an awkward angle, rendering a three-stall garage
usable for only one car.
Existing Practical Difficulty
New construction standards call for a minimum stall depth of 24’ to
ensure safe navigation around parked vehicles. By contrast, the two
existing easternmost stalls we’re seeking to modify are severely
undersized at just shy of 16’ deep.
graphically demonstrates the restrictiveness of the existing
space by using two compact-size sedans for size reference Even when
parked perfectly, there is no room left behind and in front of the cars
to get past.
For this reason, our clients have only been able to use the spot closest
to the house safely. Though usable for only one vehicle, the spot still
poses potential hazards due to the pinch in the existing north wall line.
The car needs to be maneuvered inside at an angle so passengers
can exit from both sides .
| Existing Arial View
| Proposed Addition Arial View
| Existing Plan | Proposed Plan
15
.
9
’
21
’
Existing wall 25’-4”
Our Proposal
In summary, the shallowness of the existing garage has deprived our clients of their right to safely and properly use
their property to meet the basic needs of vehicle storage for their large family of two adults and three teenagers.
To help make full use of their garage, we propose extending the north garage wall to align with the existing house
wall, , so that the two easternmost stalls can be increased to a usable depth of 21’ deep.
Though this still does not meet current construction standards, it will allow our clients and children to fully use their
three-stall garage.
To achieve the proposed modification, we kindly ask for your consideration of the following variances.
The Variances
1. Reduce the north side yard setback from 10’ to 5’ for the proposed length of 25’-4” so the garage addition
can be flush with the existing north wall (see attached sheet A0.1 & A1.0)
2. Reduce the additional setback increase requirement per from 50” to 0” shall the city
determine the one-story massing change between the house and the attached garage unqualified as a
break in the building façade.
3. Reduce the north side yard setback for eaves from 9’-6” to 3.2’ so the garage addition can be flush with the
existing north wall .
If you have any questions, please do not hesitate to contact our team:
Owner: Jeff and Jamie Belzer
Legal: Nathan Brandenburg – nathan.brandenburg@lawmoss.com
Designer: Charlie Simmons - charlie@charlieandcodesign.com
Contractor: John Kraemer - john@jkandsons.com
Sincerely,
Charlie Simmons – President / Design Principal
Charlie & Co. Design, Ltd.