HomeMy WebLinkAbout08-021 Uphold Driveway Variance
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A RESOLUTION APPROVING A 6 FOOT VARIANCE FROM THE 24 FOOT MAXIMUM DRIVEWAY
WIDTH ALLOWED IN THE R-1 DISTRICT TO ALLOW FOR A DRIVEWAY ADDITION ON A
RESIOENTIAL PROPERTY
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 08-021
Motion By: Erickson
Second By: Hedberg
WHEREAS, Phillip Hines is requesting a driveway width variance from the Zoning Ordinance to
allow for driveway and walkway additions on a residential property zoned R-1 (Low
Density Residential) at the following location, to wit;
2719 Spring Lake Road SW, Prior Lake, MN 55372
The Westerly One Half of Lot 3; and Lot 4; and the Easterly One Half of Lot 5, all in
Block 46, and a strip of land between said Lots and lying southerly thereof and the
waters edge of Spring Lake Townsite, according to the plat thereof on file and of record
in the Office of the Register of Deeds in and for Scott County, Minnesota.
WHEREAS, The Planning Commission reviewed the application for variances as contained in Case
File 07-149, and held a public hearing thereon January 14, 2007; and
WHEREAS, The Planning Commission concluded the variance was consistent with the criteria set
forth in Section 1108.406 of the Zoning Ordinance, and approved the variance subject
to conditions; and
WHEREAS, The applicant appealed the decision of the Planning Commission; and
WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the
information contained in Case File 07-149 and Case File 08-102, and held a hearing
thereon on February 19, 2008.
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 City Council finds that the requested variance is consistent with the criteria set forth in Section
1108.406 of the Zoning Ordinance, subject to conditions.
3. The City Council upheld the Planning Commission's decision to approve the variance subject to
conditions.
4. The City Council makes the following findings:
a) The decision of The Planning Commission was properly and timely appealed in accordance
with Section 1108.210 of the City Code.
b) The City Council reviewed the appeal of the Planning Commission's decision, and the
information contained in Case File 07-149 and Case File 08-102, and held a hearing thereon on
February 19, 2008.
WWw.citYGfpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
c) The City Council 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
d) The short front yard (20 feet) of the lot create a hardship in the case of a need for a driveway
wider than 24 feet at the right-of-way line. It is difficult for the applicant to navigate a proper
turning radius into the easternmost stall of the garage without a total driveway width of greater
than 24 feet. A driveway width of no more than 30 feet at the property line is adequate;
therefore, no more than a 6 foot driveway variance is necessary to alleviate the hardship.
e) The short front yard of the lot is a unique situation in this case. The overall setback from the
street (County Road 12) is approximately 60 feet. Therefore, a 6' variance from the maximum
driveway width at the right-of-way line is warranted.
f) The granting of no more than a 6 foot driveway width variance is necessary for the preservation
and enjoyment of a reasonable use of the property. The short front yard setback of the lot
creates this hardship for the property owner.
g) Granting of no more than a 6 foot driveway width variance will not impair an adequate supply of
light and air to adjacent property or negatively impact public safety.
h) The granting of the variances would not impact the character and development of the
neighborhood.
i) The purpose of the driveway ordinance section is the maintain standards for driveway
construction. The granting of no more than a 6 foot driveway variance will not be contrary to the
intent of the Ordinance and the Comprehensive Plan.
j) Granting of a driveway width variance will not merely serve as a convenience to the applicant
but is necessary to alleviate the demonstrable undue hardship of a uniquely short front yard
setback; however, no more than a 6 foot driveway variance is necessary to alleviate the
hardship.
k) The hardship for a 6 foot driveway width variance results from the provisions of this Ordinance
to the affected property.
I) There is no evidence that increased development or construction costs or economic hardship
are the basis of this request.
5. The contents of Planning Case files #07-149 and #08-102 are hereby entered into and made a part
of the public record and the record of decision for this case.
6. Based upon the Findings set forth above, the City Council hereby approves the following variance
to allow for driveway and walkway additions on a residential property zoned R-1 (Low Density
Residential):
1) A 6 foot variance from the 24 foot maximum driveway width allowed in the R-1 District
(Section 1107.205 (6)).
7. The variance is hereby approved on property legally described as follows:
The Westerly One Half of Lot 3; and Lot 4; and the Easterly One Half of Lot 5, all in Block 46,
and a strip of land between said Lots and lying southerly thereof and the waters edge of
Spring Lake Townsite, according to the plat thereof on file and of record in the Office of the
Register of Deeds in and for Scott County, Minnesota.
M:\COUNCIL\RESOLUTI\2008\08-021 Uphold Driveway Variance DOC
8. The variance is hereby approved subject to the following conditions:
a) This resolution must be recorded at Scott County within 60 days of adoption. Proof of
recording, along with the acknowledged City Assent Form, shall be submitted to the Planning
Department prior to the issuance of any city permit.
b) Any city permit is subject to all other applicable city, county, and state agency regulations.
c) The lot cannot exceed the 30% impervious surface requirement to allow for the driveway
addition. Since the lots' impervious surface is currently at the maximum allowed, a minimum of
approximately 45 square feet of impervious surface must be removed in another location on site
to off-set the driveway addition pavers.
PASSED AND ADOPTED THIS 19TH DAY OF FEBRUARY, 2008.
YES NO
Hau en Absent Hau en
Hedber X Hedber
Erickson X Erickson
LeMair X LeMair
Millar X Millar
Frank
M:\COUNCIL\RESOLUTI\2008\08-021 Uphold Driveway Variance. DOC