HomeMy WebLinkAbout03-111 RESOLUTION 03-111
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE PLANNING
COMMISSION TO DENY AN APPEAL OF THE ZONING ADMINISTRATORS DECISION THAT A DOG KENNEL
LOCATED IN AN R-1 DISTRICT WAS NOT A LEGAL NONCONFORMING USE ON PROPERTY LOCATED IN
THE R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND THE SD (SHORELAND OVERLAY DISTRICT)
IDENTIFIED AS 15594 HILL CIRCLE SE
MOTION BY: ZIESKA SECOND BY: PETERSEN
WHEREAS, John & Arlene Kalton, appealed a decision of the Planning Commission and Zoning Administrator
and from Section 1107.2305 of the City Code to deny a dog kennel as a nonconforming land use
on property located in the R-1 District (Low Density Residential) and SD (Shoreland Overlay
District) at 15594 Hill Circle SE, Prior Lake MN, and legally described as follows:
Lot 3, Lakeside Manor 1st Addition, Scott County, Minnesota; and
WHEREAS The Planning Commission reviewed the appeal request as contained in Case File #03-046, and
held hearings thereon May 27, 2003; and
WHEREAS, The Planning Commission concluded the appeal request did not meet the zoning ordinance
criteria and denied the request; and
WHEREAS, John & Arlene Kalton, appealed the decision of the Planning Commission in accordance with
Section 1109.400 of the City Code on May 28, 2003; and
WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information
contained in Case File #03-046 and Case File #03-058, and held a hearing thereon on July 7,
2003
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1) The above recitals are incorporated as if fully set forth herein.
2) The City Council finds that the requested appeal does not meet the zoning ordinance criteria to permit a
nonconforming land use as set forth in Section 1107.2305 of the City Code, and that the appellant has not set
forth adequate reasons for overturning the decision of the Planning Commission.
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16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3) The City Council has determined that the Planning Commission's decision to deny an appeal of the Zoning
Administrator's decision that a dog kennel located in the R-1 district was not a legal nonconforming use should
be upheld, and said appeal should be denied.
4) The City Council makes the following findings:
a. John & Arlene Kalton, appealed the decision of the Planning Commission in accordance with Section
1109.400 of the City Code on May 28, 2003.
b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained
in Case File #03-046 and Case File #03-058, and held a hearing thereon on July 7, 2003.
c. The City Council has considered the effect of the proposed nonconforming land use of a dog kennel on
property in the surrounding area.
d. The City Council has determined the request does not meet the zoning ordinance criteria for the issuance of
a Certificate of Occupancy for a nonconforming land use of a dog kennel in the R-1 District as required by
Zoning Ordinance Section 1107.2305.
5) The contents of Planning Case File #03-046 and Planning Case File #03-058 are hereby entered into and made
a part of the public record and the record of the decision for this case.
6) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning
Commission denying the appeal to permit a dog kennel as a nonconforming use for applicants John & Arlene
Kalton.
7) The property owner shall have 6 months from the date of this resolution to bring the premises into compliance.
Passed and adopted this 7th day of July, 2003.
YES NO
Haugen X Haugen
Petersen X Petersen
LeMair X LeMair
Gundlach X Gundlach
Zieska X Zieska
{Seal} City Manager
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