HomeMy WebLinkAbout96-22RESOLUTION 96-22
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL
AN APPEAL BY BRIAN AND MARILYN CARLSON
OF PLANNING COMMISSION DECISION IN THE MATTER
OF REQUEST FOR VARIANCES CASE NO. VA96-02
MOTION BY:
Kedrowski SECOND BY: Mader
WHEREAS,
the Prior Lake City Council conducted a hearing on the 20th of
February, 1996, to act on an appeal by Brian and Marilyn Carlson of
the Planning Commission's denial of their request for side yard setback
and lakeshore setback variances for property legally described as Lots
18 and 19, FAIRLAWN SHORES, Scott County, Minnesota, and
WHEREAS,
the City Council finds that the request for variance does not meet the
standards for granting variances set forth in the City's Zoning
Ordinance at Section 7.6(C)(1-4), in that denial of the variances does
not deprive the appellant of a reasonable use of his property, and
WHEREAS,
the City Council has determined that the Planning Commission's
decision denying the request for variance was appropriate and
consistent with the Zoning Ordinance, and
WHEREAS,
The comems of Planning Case VA96-02 are hereby emered imo and
made a part of the public record and the record of decision for this case.
WHEREAS, The City Council has made the following findings of fact:
FINDINGS OF FACT:
1. The subject property was platted as two separate lots in 1923, but
was later combined into one parcel.
2. The subject property is 15,767 square feet in area, which exceeds
the area requirements for lots in the R1 - Urban Residemial and SD
- Shoreland districts.
3. The subject property is 77.96 feet wide at the from which is only
approximately 12 feet narrower than required under Section 9.3A,
and approximately 86 feet wide at the Ordinary High Water Mark
which is 11 feet wider than required by Section 9.3A.
4. The applicants have legal alternatives under the City Code for the
construction of the proposed attached garage which would not
require a side yard setback variance, and which would not interfere
with the function of existing house on the property.
5. The applicants have legal alternatives for the construction of a
RES9622.DOC
16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4147-4245
AN EQUAL OPPORTUNITY EMPLOYER
deck/porch which would not reduce the lakeshore setback on the
property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it hereby upholds the Planning Commission's denial of Brian and Marilyn
Carlson's request for variance.
Passed and adopted this 20th day of February, 1996.
{Seal}
Andren
Greenfield
Kedrowski
Mader
Schenck
YES NO
X Andren
Absent Greenfield
X Kedrowski
X Mader
Ab~'ent ~~~
CityManCr / ~
City of P~e
RES9622.DOC 2