HomeMy WebLinkAbout02-74 RESOLUTION 02-74
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION
OF THE PLANNING COMMISSION TO APPROVE A VARIANCE TO THE MINIMUM LOT WIDTH AT THE OHW, A
VARIANCE TO THE REQUIRED FRONT YARD SETBACK, A VARIANCE TO THE BLUFF SETBACK, AND A VARIANCE
TO THE MAXIMUM DRIVEWAY WIDTH AT THE RIGHT-OF-WAY LINE
MOTION BY: ZIESKA SECOND BY: LEMAIR
WHEREAS, On May 20, 2002, the Prior Lake City Council considered an appeal by Dale and Susan Braddy of the
Planning Commission's approval of a request for a variance by Mark Toohey to locate a single family
home on the vacant property located at 5584 Candy Cove Trail, and legally described as follows:
Lot 31, CANDY COVE PARK, Scott County, Minnesota
WHEREAS, The City Council finds that the requested variances meet the standards for granting variances set forth in
Section 1108.400 of the City Code, and that the appellant has not 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 approving the requested
variances should be upheld.
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. Mark Toohey has applied for variances from the Zoning Ordinance to allow a single family home to be constructed on
property zoned R-lSD (Low Density Residential Shoreland District), located at 5584 Candy Cove Trail, and legally
described as follows:
Lot 31, Candy Cove Park, Scott County, Minnesota
b. The Planning Commission reviewed the application for variances to the minimum lot width at the Ordinary High Water
Elevation (OHW), the required front yard setback, to the bluff setback, and to the maximum driveway width as
contained in Case ilO-030 and held hearings thereon on Apdl 22, 2002.
c. The Planning Commission concluded the vadance request met the hardship criteria and approved the request.
d. Dale and Susan Braddy appealed the decision of the Planning Commission in accordance with Section 1109.400 of
the City Code on April 29, 2002.
c. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case
File #02-030 and Case File #02-061, and held a hearing thereon on May 20, 2002.
£. The City Council 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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
g. Because of conditions on the subject property and on the surrounding property, the proposed variance will not result in
the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the
public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health,
safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan.
h. There is a justifiable hardship caused by the width of the existing lot, and by the topography of the lot, so reasonable
use of the property is not possible without the granting of the variance.
i. The granting of the vadance is necessary for the preservation and enjoyment of a substantial property dght of the
applicant.
j. The variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable
hardship.
3) The contents of Planning Case File #02-030 and #02-061 are hereby entered into and made a part of the public record and
the record of decision for this case.
4) Based upon the Findings set forth above, the City Council hereby upholds the decision of the Planning Commission
granting the following requested variances:
a) ^ 23.88' variance from the minimum 75' lot width at the Ordinary High Water Elevation (OHW);
b) A 25' variance to the front yard setback requirement to allow the structure to be setback 0' from the front property line
rather than the minimum requirement of 25 feet;
c) ^ vadance to allow a structure to be located within the Bluff Impact Zone;
d) A 4' variance to allow a 28' wide driveway at the right-of-way line rather than the maximum 24 feet.
5) The following conditions shall be adhered to and subject to the issuance of a building permit for the proposed room
addition:
a) The subject site shall be developed as shown on the attached survey to ensure additional variances are not required,
except that the proposed deck on the northeast comer of the proposed house shall not be constructed.
b) One additional soil boring shall be performed at the foundation location on the northeast corner of the proposed house.
c) The property owner shall submit a Storm Water Management Plan for the property prepared by a registered engineer
that demonstrates no additional storm water shall be directed unto adjacent property as a result of the development of
the subject property. In the alternative, the property owner may submit a report from a registered engineer certifying
that the grading and drainage plan submitted as part of this application does not increase runoff to adjacent properties.
d) The permit is subject to all other City Ordinances and applicable County and State Agency regulations.
¢) The vadance must be recorded and proof of recording submitted to the Planning Department within 60 days. An
Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if
the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution.
Passed and adopted this 20th day of May 2002.
YES NO
Haugen Absent Haugen Absent
Gundlach X Gundlach
LeMair X LeMair
Petersen X Petersen
Zieska X Zieska
{Seal} Frank Boyles, City Manager