HomeMy WebLinkAbout02-04 RESOLUTION 02-04
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE
PLANNING COMMISSION AND APPROVING A 1.5-FOOT VARIANCE TO PERMIT A 13.5-FOOT
SUM OF SIDE YARDS AND A 2.9% VARIANCE TO PERMIT AN IMPERVIOUS SURFACE
COVERAGE AREA OF 32.9% ON THE PROPERTY LOCATED AT 15239 FAIRBANKS TRAIL
MOTION BY: ZIESKA SECOND BY: PETERSEN
WHEREAS, on January 7, 2002, the Prior Lake City Council considered an appeal by David & Rachel
Norling of the Planning Commission's denial of a request for a 1.5-foot variance to permit a
13.5-foot sum of side yards rather than the minimum required 15-feet, and a 2.9% variance to
permit an impervious surface coverage area of 32.9% rather than the maximum allowable 30%,
for thc property legally described as follows:
Lot 4, "Maple Park Shore Acres", Scott County, Minnesota; and
WHEREAS, thc City Council finds that the requested variance does meet the criteria for granting variances
set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate
reasons for overturning the decision of the Planning Commission; and
WHEREAS, the City Council has determined that the Planning Commission's decision denying the
requested variances should not be upheld, and said variances should be approved.
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 makes the following findings:
a. David & Rachel Norling applied for a variance from Sections 1101.502, and 1104.306 of the City Code in
order to permit construction of an attached garage, 2nd story addition, and room addition to an existing
principal structure as shown in Attachment 1 on property located in the R-1 (Low Density Residential) and
SD (Shoreland) Districts at 15239 Fairbanks Trail NE, Prior Lake MN, and legally described as follows:
Lot 4, "Maple Park Shore Acres", Scott County, Minnesota.
b. The Planning Commission reviewed the application for variances as contained in Case File #01-080, and
held hearings thereon October 22, 2001, November 13, 2001, November 26, 2001, and December 10,
2001.
c. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the
request.
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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
d. David & Rachel Norling appealed the decision of the Planning Commission in accordance with Section
1109.400 of the City Code on December 14, 2001.
e. The City Council reviewed the appeal of the Planning Commission's decision, and the information
contained in Case File #01-080 and Case File #01-100, and held a hearing thereon on January 7, 2002.
f. The City Council has considered the effect of the proposed variances 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 variances
on the Comprehensive Plan. Approval of the variances will allow vehicles to be parked off the public
street.
g. The City Council has determined the requests do meet the hardship criteria. There are unique
circumstances or conditions regarding the property. The actual size of the lot is larger than shown because
there is lot area below the OHW.
h. Any hardship was not caused by the actions of the applicant through the design and placement of the
proposed structures. There are unique characteristics to the property that would constitute a hardship. The
size of the lot is a hardship that cannot be controlled by the applicant.
i. The denial of the requested variances does constitute a hardship with respect to literal enforcement of the
ordinance as reasonable use of the property does not exist without the variances. The use of rain barrels
and a gutter system will mitigate the impact caused by additional impervious surface.
3) The contents of Planning Case File #01-080 and Planning Case File #01-100 are hereby entered into and made
a part of the public record and the record of the decision for this case.
4) Based upon the Findings set forth above, the City Council hereby reverses the decision of the Planning
Commission and approves two variances to permit a sum of side yards of 13.5-feet rather than the required
minimum 15-feet, and a 32.9% impervious surface coverage area rather than the maximum allowable 30% for
applicants David & Rachel Norling.
5) The following conditions shall be complied with prior to the issuance of a Building Permit and Certificate of
Occupancy:
a. The applicant shall install a rain barrel system with gutters and down spouts, sufficient enough to collect
and disperse storm water runoff at a slower rate. The applicant must submit plans for this system to the
City for approval.
b. This Resolution adopted by the City Council shall be recorded at Scott County, and proof of recording
submitted to the City of Prior Lake, along with an Assent Form signed by the property owners, and
pursuant to Ordinance Section 1108.400.
c. The Variance will be null and void if the required permits for the proposed structure are not obtained
within one year of the adoption date of this Resolution.
Passed and adopted this 11 th day of January 2002.
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YES NO
Haugen X Haugen
Petersen X Petersen
Ericson Absent Ericson Absent
Gundlach X Gundlach
Zieska X Zieska
{ Seal} City Manager
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