HomeMy WebLinkAbout02-80 RESOLUTION 02-80
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE
PLANNING COMMISSION TO DENY A 24-FOOT VARIANCE TO PERMIT A 1-FOOT FRONT
SETBACK; A 3.58-FOOT VARIANCE TO PERMIT A SUM OF SIDE YARDS OF ll.42-FEET; 5.9-FOOT
VARIANCE TO BUILDING SEPARATION OF 9.1-FEET; A 5-FOOT AND 4.7-FOOT VARIANCE TO
PERMIT AN EAVE/GUTTER ENCROACHMENT IN FRONT AND SIDE LOT LINES; A 6-FOOT AND
2.18-FOOT VARIANCE FOR BUILDING WALLS OVER 50-FEET LONG; ON THE PROPERTY
LOCATED AT 14620 OAKLAND BEACH AVENUE SE
MOTION BY: Petersen SECOND BY: LeMair
WHEREAS, On May 20, 2002, the Prior Lake City Council held a public hearing to consider an appeal by
Steven & Patricia Mosey of the Planning Commission's denial of a request for a 24-foot
variance to permit a 1-foot structure setback to a front property line, rather than 25-feet as
required for front yard setbacks; A 3.58-foot variance to permit a sum of side yards of 11.42-
feet on a nonconforming lot of record rather than the minimum required 15-feet; A 5.9-foot
variance to permit a building separation of 9.1-feet between all structures on the
nonconforming lot and on the adjoining lot, rather than the minimum required 15-feet; A 4.7-
foot variance to permit an eave and gutter encroachment to within .3-feet from a side lot line
rather than the minimum required 5-feet setback; A 5-foot variance to permit an eave and gutter
encroachment to within 0' of the front lot line rather than the minimum required 5-feet setback;
A 6-foot variance to permit a building wall 63.8-feet in length to be setback 1.3-feet from a side
lot line rather than the minimum required 7.3-feet for building walls over 50-feet; A 2.18-foot
variance to permit a 63.8-foot building wall to be setback 10.12-foot to a side lot line rather
than the required minimum 12.3-feet for building walls over 50-feet; for the property legally
described as follows:
Lot 14, "Oakland Beach", Scott County, Minnesota; and
WHEREAS, The City Council finds that the requested variances 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 reversing the decision of the Planning Commission; and
WHEREAS, The City Council has determined that the Planning Commission's decision denying the
requested variances should be reversed, 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:
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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
a. Steven & Patricia Mosey applied for a variance from Sections 1102.405, 1101.502, 1101.503 and
1107.205 of the City Code in order to permit construction of an attached garage, entry, and 2nd story
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 14620 Oakland Beach Avenue SE, Prior Lake MN,
and legally described as follows:
Lot 14, "Oakland Beach", Scott County, Minnesota.
b. The Planning Commission reviewed the application for variances as contained in Case File #02-029, and
held hearings thereon April 22, 2002, and May 13, 2002.
c. The Planning Commission concluded the variance requests did not meet the hardship criteria and denied
the requests.
d. Steven & Patricia Mosey appealed the decision of the Planning Commission in accordance with Section
1109.400 of the City Code on April 29, 2002.
e. The City Council reviewed the appeal of the Planning Commission's decision, and the information
contained in Case File #02-029 and Case File #02-062, and held a hearing thereon on May 20, 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.
g. The City Council has determined the requests meet the hardship criteria. There are unique circumstances
or conditions regarding the property. 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.
h. The denial of the requested variances constitutes a hardship with respect to literal enforcement of the
ordinance, as reasonable use of the property does not exist without the variances.
3) The contents of Planning Case File #02-029 and Planning Case File #02-062 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 with conditions 7 variances to permit a 24-foot variance to permit a 1-foot
structure setback to a front property line, rather than 25-feet as required for front yard setbacks; A 3.58-foot
variance to permit a sum of side yards of 11.42-feet on a nonconforming lot of record rather than the minimum
required 15-feet; A 5.9-foot variance to permit a building separation of 9.1-feet between all structures on the
nonconforming lot and on the adjoining lot, rather than the minimum required 15-feet; A 4.7-foot variance to
permit an eave and gutter encroachment to within .3-feet from a side lot line rather than the minimum required
5-feet setback; A 5-foot variance to permit an eave and gutter encroachment to within 0' of the front lot line
rather than the minimum required 5-feet setback; A 6-foot variance to permit a building wall 63.8-feet in
length to be setback 1.3-feet from a side lot line rather than the minimum required 7.3-feet for building walls
over 50-feet; A 2.18-foot variance to permit a 63.8-foot building wall to be setback 10.12-foot to a side lot line
rather than the required minimum 12.3-feet for building walls over 50-feet.
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5) The following conditions shall be adhered to prior to the issuance of a building permit for the proposed garage,
vestibule and room addition:
a) The existing driveway area shall be removed to meet the maximum 24-foot width at the right-of-way line,
and to meet the minimum 5-foot setback to side lot lines, and to reduce the existing impervious surface
coverage area.
b) The permit is subject to all other city ordinances, and applicable state and county agency regulations.
c) The addition must be constructed as depicted on Attachment 1 - Certificate of Survey.
d) The variance resolution must be recorded and proof of recording submitted to the Planning Department
within 60 days. An Assent Form must be signed, and pursuant to Ordinance Section 1108.400, the variance
will be null and void if the necessary permits are not obtained for the proposed addition within one year
after adoption of this resolution
Passed and adopted this 3rd day of June, 2002.
YES NO
Haugen X Haugen
Petersen X Petersen
LeMair X LeMair
Gundlach Absent Gundlach Absent
Zieska X Zieska
{Seal } City Manager
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