HomeMy WebLinkAbout02-134 RESOLUTION 02-134
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF THE
PLANNING COMMISSION TO APPROVE A 9-FOOT VARIANCE TO PERMIT A 16-FOOT
STRUCTURE SETBACK TO THE REAR PROPERTY LINE ON THE PROPERTY LOCATED AT 16502
INGUADONA BEACH CIRCLE SW
MOTION BY: Gundlach SECOND BY: LeMair
WHEREAS, On August 19, 2002, the Prior Lake City Council held a public hearing to consider an appeal by
Dennis & Karen Perrier of the Planning Commission's approval of a request for a 9-foot
variance to permit a 16-foot structure setback to a rear property line, rather than the minimum
required 25-feet for the property legally described as follows:
Lots 17 and 20 and that part of 21, lying East ora line drawn from a point on the South line of
said Lot 21, 29.56 feet West of the Southeast comer thereof to a point on the North line of said
Lot 21, 40.4 feet West of the Northeast corner thereof, All in INGUADONA BEACH on Prior
Lake, according to the plat thereof on file and of record in the Office of the Register Deeds,
Scott County, Minnesota, together with that part of the 20.00 foot driveway as shown on said
plat of 1NGUADONA BEACH, adjacent to said Lot 17, of said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26 minutes 27
seconds East, assumed bearing, along the southerly extension of the west line of said Lot 17, a
distance of 5.37 feet; thence South 57 degrees 51 minutes 36 seconds East a distance of 37.70
feet; thence South 89 degrees 18 minutes 13 seconds East a distance of 22.33 feet; thence North
00 degrees 41 minutes 47 seconds East a distance of 112.51 feet to thc intersection with the
easterly extension of the northerly line of said Lot 17; thence North 75 degrees 14 minutes 06
seconds West a distance of 10.31 feet to the northeast comer of said Lot 17; thence southerly
and westerly along the easterly and southerly lines of said Lot 17, to the point of beginning.
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 masons
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.
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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
2) The City Council makes the following findings:
a. Dennis & Karen Perrier 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 a future single family dwelling with attached garage as
shown in Attachment 1 on property located in the R-1 (Low Density Residential) and SD (Shoreland)
Districts at 16502 Inguadona Beach Circle SW, Prior Lake MN, and legally described as follows:
Lots 17 and 20 and that part of 21, lying East of a line drawn from a point on the South line of said Lot 21,
29.56 feet West of the Southeast comer thereof to a point on the North line of said Lot 21, 40.4 feet West
of the Northeast comer thereof, All in INGUADONA BEACH on Prior Lake, according to the plat thereof
on file and of record in the Office of the Register Deeds, Scott County, Minnesota, together with that part
of the 20.00 foot driveway as shown on said plat of INGUADONA BEACH, adjacent to said Lot 17, of
said plat described as follows:
Beginning at the southwest comer of Lot 17, of said plat; thence South 01 degree 26 minutes 27 seconds
East, assumed bearing, along the southerly extension of the west line of said Lot 17, a distance of 5.37 feet;
thence South 57 degrees 51 minutes 36 seconds East a distance of 37.70 feet; thence South 89 degrees 18
minutes 13 seconds East a distance of 22.33 feet; thence North 00 degrees 41 minutes 47 seconds East a
distance of 112.51 feet to the intersection with the easterly extension of the northerly line of said Lot 17;
thence North 75 degrees 14 minutes 06 seconds West a distance of 10.31 feet to the northeast comer of
said Lot 17; thence southerly and westerly along the easterly and southerly lines of said Lot 17, to the point
of beginning.
b. The Planning Commission reviewed the application for variances as contained in Case File #02-068, and
held hearings thereon July 8, 2002, and July 22, 2002.
c. The Planning Commission concluded the variance request did meet the hardship criteria and approved the
variance.
d. Dennis & Karen Perrier appealed the decision of the Planning Commission in accordance with Section
1109.400 of the City Code on July 12, 2002.
e. The City Council reviewed the appeal of the Planning Commission's decision, and the information
contained in Case File #02-068 and Case File #02-090, and held a hearing thereon on August 19, 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 variance requested constitutes a hardship with respect to literal enforcement of the ordinance, as
reasonable use of the property does not exist without the variances.
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3) The contents of Planning Case File #02-068 and Planning Case File #02-090 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 upholds the decision of the Planning
Commission, and approves a 9-foot variance to permit a 16-foot structure setback to a rear property line, rather
than the minimum required 25-feet, subject to the listed conditions.
5) The following conditions shall be adhered to prior to the issuance of a building permit for the proposed future
single family dwelling:
a) The resolution must be recorded at Scott County within 60 days of adoption, and proof of recording along
with the acknowledged City Assent Form shall be submitted to the Planning Department prior to the
issuance of a building permit.
b) The applicant must submit a revised certificate of survey to depict the approved variances and all
conditions deemed appropriate by the Commission, along with the proposed finish grades with drainage
and an erosion control plan.
c) The applicant must submit an application for an Administrative Lot Combination of Lots 17, 20, & P.O. 21
for approval by the City and create one legally transferable document. This document must be recorded at
the Scott County Land Records Office prior to issuance of a building permit.
d) The total impervious surface area on the combined lots may not exceed 30% of the total lot area. The
applicant must submit a certificate of survey and impervious surface calculation worksheet identifying the
impervious surface on the lot.
e) The building permit is subject to all other applicable city, county, and state agency regulations.
Passed and adopted this 19th day of August, 2002.
YES NO
Haugen X Haugen
Petersen X Petersen
LeMair X LeMair
Gundlach X Gundlach
Zieska X Zieska
{Seal} City Manager
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