HomeMy WebLinkAbout03-108 RESOLUTION 03-108
A RESOLUTION UPHOLDING THE DECISION OF THE BOARD OF ADJUSTMENT
APPROVING A 17.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD
SETBACK AND A 6 FOOT VARIANCE FROM THE REQUIRED 11 FOOT SIDE YARD
SEPARATION SETBACK FOR THE CONSTRUCTION OF A DETACHED GARAGE
MOTION BY PETERSEN, SECOND BY LEMAIR
BE IT RESOLVED BY the City Council of the City of Prior Lake, Minnesota;
FINDINGS
1. Edward Feiker has appealed the Board of Adjustment's decision to approve front yard and
side yard separation setback variances for the construction of a 576 square foot detached
garage on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District)
at the following location, to wit;
14948 Pixie Point Circle SE,
Lot 5, Eastwood 1st Addition, Scott County, Minnesota.
2. The City Council has reviewed the application for the variances as contained in Case #03-
56PC, held a public hearing, and upheld the Board of Adjustment's decision hereon on July 7,
2003.
3. 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.
4. The narrowness and topographic conditions of this lot create a difficulty in complying with the
strict application of the setback provisions of the zoning ordinance. Moreover, the 20 foot wide
sanitary sewer easement limits the location of any garage.
5. The property exhibits extreme topography that constrains development of the property. Also,
since the property lines are not perfectly perpendicular, the garage cannot be shifted further to
the west and still maintain the requested 2.5 front yard setback.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. The granting of the setback variances are necessary for the preservation and enjoyment of a
reasonable use of the property because without the relief the applicant will not be able to
construct a garage on the property, which is considered a reasonable use.
7. One purpose of the zoning ordinance is to "provide adequate off-street parking and loading
facilities." The variance appears to be consistent with the intent of the zoning ordinance, that
is, to allow the storage of vehicles and other materials within an enclosed structure. The
property currently does not have a garage, which is customarily considered to be a reasonable
use in residential zoning districts.
8. The setback variances are not a convenience. There are no other options for the construction
of a garage on the property within the buildable area. It is necessary to alleviate a
demonstrable undue hardship. The property cannot be put to a reasonable use as allowed in
the R-1 use district without relief from required front and side yard setbacks.
9. The difficulty was created by the sanitary sewer easement, the topographic change, the lot
shape, and the required 20 foot front yard setback. The property owner did not create the
hardship.
10. The contents of Planning Case #03-56PC are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby upholds the decision of the
Board of Adjustment granting the following variances for the construction of a detached garage, as
shown on Exhibit A- Certificate of Survey:
1. A 17.5 foot variance from the required minimum 20 foot front yard setback (Section
1102.405 (4) Setback Requirements for Residential Structures).
2. A 6 foot variance from the required 11 foot side yard separation setback (Section
1101.502 (8) Required Yards/Open Space).
Passed and adopted this 7~ day of July, 2003.
YES NO
Haugen X Haugen
Blomberg X Blomberg
LeMair X LeMair
Petersen X , Petersen
Zieska X 1 Zieska
{Seal} FrankBogles, ~ager
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