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HomeMy WebLinkAboutItem 08a Work Session - Chart HouseCity of Lakeville Community Development Department Me morandum To: Planning Commission Frank Dempsey, AICP, Associate Planner August 16, 2024 Packet Material for the August 22, 2024 Planning Commission Work Session Chart House Restaurant Variance Discussion George Maverick, owner the Chart House restaurant and banquet facility proposes a site modification and a new patio building construction that would require a variance from the minimum setback requirements of the Zoning Ordinance, specifically the Shoreland Overlay District for setbacks adjacent to Kingsley Lake. The property is located at 11287 Klamath Trail. The property is zoned C-3, General Commercial District and Shoreland Overlay District. Community Development Department staff suggested that Mr. Maverick meet informally with the Planning Commission to discuss his plans and get preliminary input from the Planning Commission prior to submitting a formal variance application.5 This memorandum will present the information submitted by Mr. Maverick in addition to some background information with staff comments regarding the requisite variance criteria to establish practical difficulty and demonstrate consistency with the goals and objectives of the comprehensive plan. A. Location Map – 2024 Aerial Photo B. 2021 Aerial Photos C. 1987 Property Survey With Notations D. Existing Seating Area E. Conceptual Canopy Buildings F. Patio Cover Site Plan G. Patio Canopy To Be Removed Mr. Maverick proposes to modify the existing outdoor seating area of The Chart House restaurant to include a covered patio over the existing concrete surface outdoor seating area between the west side of the restaurant building and the lake shore. The Chart House property is roughly 4.5 acres of property above the lakeshore and approximately 14,500 square feet of building area (Dakota County Assessor data) and two or three accessory buildings. The Chart House property was developed, and the building constructed in 1962 as a private restaurant/club that included a swimming pool and concrete shade canopy, which remains. The restaurant has been in business during those 62 years with few significant modifications since that time. Shoreland zoning regulations in Minnesota have their origins from legislative statutes dating back to the mid-1970’s requiring all cities and counties in Minnesota to apply certain standards for development and Zoning Ordinance enforcement. Standards for the consideration of variances also fall partly under these requirements. The minimum building setbacks on Kingsley Lake (classified as a Natural Environment Lake) is 150 feet from the Ordinary High Water Level. No part of the property complies with the setback requirements and is therefore legal non-conforming. Any new construction or expansion requires a setback variance. A conditional use permit was approved in 1997 allowing an impervious surface area greater than 25% with an expansion of the parking lot and to construct stormwater improvements on site. The conditional use permit allowed an increase of impervious surface area from 43% to 50%. The survey noted in Exhibit B is used for reference purposed that show the entire site. The 1997 conditional use permit did not include the building area, only the expanded parking lot, so that plan is not included. No increase in impervious surface area is proposed with the outdoor seating project. In 2021, a concrete structure with an outdoor lighted fountain was installed without zoning approval and within the shoreland overlay setback and within the shore impact zone (within 75 feet) of Kingsley Lake. The fountain installation included approximately 450 square feet of additional concrete impervious surface area in front of the fountain, also within the shore impact zone. The additional concrete area is considered non-conforming to zoning ordinance requirements and an increase to the zoning existing non-conformities. Consideration should be given to whether the fountain structure should remain and whether conifer landscape visual screening should be provided between the lakeshore and the fountain structure. Mr. Maverick proposes to remove the roughly 1,650 square foot, tall concrete shade canopy structure in the outdoor restaurant seating area that was originally constructed as a shade structure with the outdoor swimming pool in 1962. Removal of the canopy will not reduce the impervious surface area due to the concrete surface below the structure. An open sided canopy structure is proposed to be constructed over the existing concrete surface outdoor seating area west of the restaurant building. Removal of the canopy structure will somewhat reduce the non-conforming building setback condition, but the new patio structure will require a variance. Community Development Department staff’s opinion is that temporary shade (umbrellas/sun sails, etc.) elements would not require a variance. Background research of a similar lakeshore restaurant was made as perspective to the Chart House Restaurant. Lord Fletchers Restaurant in Spring Park opened in 1968 on Lake Minnetonka. The main building is legal non-conforming to the Lake Minnetonka Ordinary High Water Level and the outdoor seating area is between the lake and the building. The impervious surface conditions on the property are similar to the Chart House property. The Lord Fletchers outdoor seating area is shaded with large umbrellas, not a permanent structure. Sections 11-6-5 and 11-102-15 of the Zoning Ordinance set forth specific criteria that must be considered to determine whether a variance is warranted. The practical difficulties test requires the property owner demonstrate that the proposed use of the property is reasonable and that compliance with the Zoning Ordinance is due to certain practical difficulties. The Zoning Ordinance requires that the following criteria be met: The Zoning Ordinance for variances requires that seven criteria be addressed by the applicant and presented to the Planning Commission and City Council as part of the consideration for variance approval. The seven criteria noted below are consistent with State of Minnesota Statute and the Zoning Ordinance. The Shoreland Overlay District variance criteria pertain primarily to environmental considerations which would be addressed specifically with the processing of a variance. Public hearing notification to the Department of Natural Resources is required for variances proposed within Shoreland Overlay District areas. A. That the variance would be consistent with the comprehensive plan The comprehensive plan guides the property for commercial land use. The property is located in Comprehensive Plan Neighborhood Planning District No. 1 which states a goal encouraging compatible land use patterns and environmental protection measures along lakeshores. B. The variance would be in harmony with the general purposes and intent of the Zoning Ordinance. The removal of the 1,650 square foot concrete canopy will remove a large visual element from the lakeshore and proposed to be replaced with an opaque shorter structure to cover the existing outdoor seating area from the elements. C. That the plight of the landowner is due to circumstances unique to the property not created by the applicant. The plight of the landowner is that the existing 1,650 square foot concrete canopy structure is not functional for the current use of the property and is somewhat taller than the patio structure proposed to cover for the outdoor seating area. The applicant (landowner) is requesting the proposed structure to cover an existing seating area and the structure cannot comply with the minimum 150 foot setback requirement to the lakeshore. D. That the purpose of the variance is not exclusively economic considerations. The request is to improve and extend the seasonal use and protection from weather conditions of the outdoor seating area for both restaurant and banquet patrons. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. The removal of concrete canopy structure will reduce the building’s visibility from the lake. The proposed outdoor seating canopy structure will be less intrusive in design. F. That the requested variance is the minimum action required to eliminate the practical difficulty. The proposed new canopy structure will cover the patio seating area that has long been used for outdoor seating. The outdoor seating area will not be expanded or result in additional impervious surface area. The canopy structure will increase the non- conformity as it will replace the smaller concrete canopy structure at the west end of the outdoor seating area. Other options staff suggested that could be considered include sun- sails or large umbrellas. Existing grass surface areas shall not be covered or surfaced with other impervious surface materials. G. Variances may not be approved for any use that is not allowed by the Zoning Ordinance for property in the zone where the affected person’s land is located. The property is zoned C-3, General Commercial District and the restaurant use is a permitted use in that district. As with any request for a variance, Community Development Department staff attempts to work with the applicant to minimize a variance and encourage reductions in non-conforming conditions where possible while allowing some zoning flexibility for a property that is likely to permanently remain non-conforming under present shoreland zoning regulations. Mr. Maverick will present and describe his project Mr. Maverick and Community Development Department staff looks forward to your input and direction on this variance request. Exhibit A 2024 EXHIBIT B 2021 EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G