HomeMy WebLinkAbout02-146 RESOLUTION 02-146
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL REVERSING A DECISION OF THE
PLANNING COMMISSION TO DENY A VARIANCE TO THE PROVISIONS OF SECTION 1104.402 TO
ALLOW THE IMPORT OF MATERIALS, GRADING AND FILLING WITHIN TI~ BLUFF IMPACT
ZONE ON PROPERTY LOCATED IN TI~ R-1 (LOW DENSITY RESIDENTIAL) DISTRICT AND TI-I~
SD (SttORELINE OVERLAY) DISTRICT IDENTIFIED AS 14764 ROSEWOOD ROAD
MOTION BY: ZIESKA SECOND BY: LEMAIR
WHEREAS, Hillcrest Homes, LLC, applied for a variance from Section 1104.402 of the City Code in order
to permit the import of materials, grading and filling within a bluff impact zone on property
located in the R-1 (Low Density Residential) and SD (Shoreland) Districts at 14764 Rosewood
Road NE, Prior Lake MN, and legally described as follows:
Lot 7, Block 2, Knob Hill, Scott County, Minnesota; and
WHEREAS On July 8, 2002, the Planning Commission reviewed the application for a variance as contained
in Case File #02-076, and held a public hearing on said variance application; and
WHEREAS, The Planning Commission after considering comments from the public hearing, the staff report
and the information in Case File #02-076 concluded that the criteria for issuing a variance were
not satisfied; and
WHEREAS, Hillcrest Homes, LLC, on July 12, 2002, appealed the decision of the Planning Commission in
accordance with Section 1109.400 of the City Code; and
WHEREAS, On August 19, 2002, the City Council conducted a duly noticed public hearing on Hillcrest
Home's appeal of the Planning Commission's decision to deny the applied for variance; and
WHEREAS, The City Council reviewed the information contained in Case File #02-076 and Case File #02-
089.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE THAT:
1) The above recitals are incorporated as if fully set forth herein.
2) The City Council finds that there is evidence in the record from the DNR and from the developers geotechnical
engineer that suggest to remove the retaining walls already in place and to regrade that portion of the bluff that
has already been disturbed could pose thc risk of degrading the stability of the bluff.
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16200 Eagle Creek Ave. $.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3) The City Council finds for reasons solely related to the integrity of the bluff and to avoid further disturbance
thereto that the decision of the Planning Commission to deny the above referenced variance is overturned.
4) Hillcrest Homes, LLC is granted a variance from Section 1104.402 of the Prior Lake City Code to permit the
completed import of materials, grading and filling within a bluff impactzone on the property located at 14764
Rosewood Road NE, Prior Lake, Minnesota, subject to the strictest adherence to the conditions set forth herein.
5) The following conditions shall be adhered to prior to the issuance of a Certificate of Occupancy for thesingle
family dwelling at 14764 Rosewood Road:
a) No further import of materials, grading or filling within the bluff impact zone is to occur.
b) The developer is to apply to the City for a grading permit.
c) The developer shall purchase from the City a copy of the Prior Lake Zoning Ordinance and Prior lake
Public Works Design Manual and shall refer to these documents in connection with any future
development within the City.
6) The City Council accepts the voluntary contribution of Mr. Chris Deanovic in the amount of $2500. Mr.
Deanovic has offered this payment in recognition of the fact that by failing to obtain the necessary grading
permit that work on the property violated City Zoning Code provisions and subjected Mr. Deanovic to
enforcement action.
7) The contents of Planning Case File #02-076 and Planning Case File #02-089 are hereby entered into and made
a part of the public record and the record of the decision for this case.
Passed and adopted this 3rd day of September, 2002.
YES NO
Haugen X Haugen
Petersen X Petersen
LeMair X LeMair
Gundlach X Gundlach
Zieska X ~iesk} ~ I
{Seal} City Mana
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