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HomeMy WebLinkAbout4A - Pine Rd NE Variance 4-14-25 Denial 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: April 14, 2024 AGENDA #: 4A PREPARED BY: PRESENTED BY: PAUL MORETTO, PLANNER PAUL MORETTO AGENDA ITEM: APPROVING A RESOLUTION DENYING VARIANCES ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVER- LAY DISTRICT AT 14535 PINE ROAD NE DISCUSSION: Introduction Prior Lake City Code requires the Board of Adjustment to approve or deny variances by resolution of the board setting out findings by the board supporting the approval or denial. The Board of Adjustment voted to deny a variance request at 14535 Pine Road NE on December 9, 2024. The purpose of this agenda item is to formally adopt a resolution deny- ing the variance request. History Warren Israelson, the applicant and owner, applied for variances from the zoning code for the construction of a single-family home. The subject property, Lot 6, Block 1 of North Shore Crest, is located at 14535 Pine Road NE along the north shore of Lower Prior Lake, PID: 250400060. This application was denied by the Board of Adjustments on December 9, 2024. The property is zoned R-1 (Low Density Residential) and is guided R-LD (Urban Low Den- sity) on the 2040 Comprehensive Plan Land Use Map. The property lies within the Shoreland Overlay District of Prior Lake. On October 28, 2024, the Board of Adjustment held a public hearing on the variance re- quest and tabled the item to allow the applicant to address comments received by the public and Board of Adjustment. On December 9, 2024, the Board of Adjustment considered the request and found a lack of demonstrated practical difficulties under the zoning code and made a motion and second to deny the variance. Attached to this report is a resolution adopting findings to deny the variance requests based on the Board of Adjustment discus- sion at the October 28, 2024 and December 9, 2024 meetings. ISSUES: This project includes a request for a variance. Section 10-906 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 Board of Adjustment finds the granting of the variances is not in harmony with the general purposes of the Zoning Code. The City of Prior Lake has regulations in place related to the bulk and mass of structures and the Board of Adjustment finds the bulk and mass of the proposed home exceeds the reasonable use of the lot given the small lot size. 2 2) Variances shall only be permitted when they are consistent with the Comprehensive Plan. The Board of Adjustment finds the proposed bulk and mass of the proposed home exceeds the reasonable use of the lot and the granting of the variances is not consistent with the goal area of Environmental Stewardship & Recreation and related objective to protect and enhance the quality of Prior Lake’s surface waters, included as part of the City of Prior Lake’s 2040 Vision and Strategic Plan identified in Chapter 1 of the 2040 Comprehensive Plan. Further, the granting of the variances is not consistent with the Land Use Goals and Objectives identified in Chapter 3 of the 2040 Comprehensive Plan, which states, development shall be conducted in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shoreland, and flood plain areas. 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. The applicant has not demonstrated there are practical difficulties in complying with the zoning code. The lot is a buildable lot with a long-standing home currently on the property. Lots of this size, although less than the standard size lot permitted by city code, exist throughout the community with a variety of styles and sizes of structures on the lot. The Board of Adjustment finds the plight of the landowner is due to circumstances created by the landowner’s desire for a large multi-story home, not due to circumstances unique to the property. The proposed home exceeds reasonableness due to its bulk and massing on this particular lot. 4) Economic considerations alone do not constitute practical difficulties. Economic considerations alone do not constitute practical difficulty. Conclusion Prior Lake City Code requires the Board of Adjustment to approve or deny variances by resolution of the board setting out findings by the board supporting the approval or denial. The Board of Adjustment voted to deny a variance request at 14535 Pine Road NE on December 9, 2024. Attached to this report is a resolution setting out findings for the denial of the variance request. ALTERNATIVES: 1. A motion and a second to approve a resolution to deny the variances requested be- cause the Board of Adjustment finds a lack of demonstrated practical difficulties under the zoning code criteria. RECOMMENDED MOTIONS: Alternative No. 1 ATTACHMENTS: 1. Location Map 2. Resolution 25-02PC 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 25-02PC DENYING A VARIANCE FROM SUBSECTION 10-435 OF THE SHORELAND REGULATIONS ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND SHORELAND OVERLAY DISTRICT AT 14535 PINE ROAD NE Motion By: Second By: WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on October 28, 2024, to consider a request from Warren Israelson, the property owner and applicant, requesting a variance from the minimum shoreland setback, front yard setback, side yard setback, distance to adjacent structure, and the maximum impervious surface limits to allow construction of a single-family home on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: (PID 250400060) Legal Description: Lot 6, Block 1 of North Shore Crest, Scott County, Minnesota. Address: 14535 Pine Road NE, Prior Lake, MN 55372; and WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Board of Adjustment 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 Board of Adjustment has reviewed the application for the variance as contained in Case PDEV24-000031 and held a hearing thereon on October 28, 2024 and tabled the item and considered the request on December 9, 2024; and WHEREAS, The Board of Adjustment has considered the effect of the strict application of the provisions of the Zoning Code on the applicant’s property and the impact granting the Variance will have Comprehensive Plan. In addition, the Board considered the requirements of all other applicable State Statutes, the information in the application, the information in the staff report and the criteria set forth in Minn. Stat. 462.357, Subd. 6. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Board of Adjustment 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. 2 The Board of Adjustment finds the granting of the variances is not in harmony with the general purposes of the Zoning Code. The City of Prior Lake has regulations in place related to the bulk and mass of structures and the Board of Adjustment finds the bulk and mass of the proposed home exceeds the reasonable use of the lot given the small lot size. b. Variances shall only be permitted when they are consistent with the Comprehensive Plan. The Board of Adjustment finds the proposed bulk and mass of the proposed home exceeds the reasonable use of the lot and the granting of the variances is not consistent with the goal area of Environmental Stewardship & Recreation and related objective to protect and enhance the quality of Prior Lake’s surface waters, included as part of the City of Prior Lake’s 2040 Vision and Strategic Plan identified in Chapter 1 of the 2040 Comprehensive Plan. Further, the granting of the variances is not consistent with the Land Use Goals and Objectives identified in Chapter 3 of the 2040 Comprehensive Plan, which states, development shall be conducted in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shoreland, and flood plain areas. 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. The applicant has not demonstrated there are practical difficulties in complying with the zoning code. The lot is a buildable lot with a long-standing home currently on the property. Lots of this size, although less than the standard size lot permitted by city code, exist throughout the community with a variety of styles and sizes of structures on the lot. The Board of Adjustment finds the plight of the landowner is due to circumstances created by the landowner’s desire for a large multi-story home, not due to circumstances unique to the property. The proposed home exceeds reasonableness due to its bulk and massing on this particular lot. d. Economic considerations alone do not constitute practical difficulties. Economic considerations alone do not constitute practical difficulty. 3. Based upon the findings set forth herein and withing Agenda Report 4A, the Board of Adjustment hereby denies the variance with the findings of fact provided. PASSED AND ADOPTED THIS 14th DAY OF APRIL, 2025. _______________________________ Jason Tschetter, Commission Chair ATTEST: _________________________________ Casey McCabe, Community Development Director VOTE Johnson Tschetter Fenstermacher Ringstad Tennison Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐