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RESOLUTION 96-70
A RESOLUTION WITH FINDINGS UPHOLDING THE ACTION OF THE PLANNING
COMMISSION IN DENYING A VARIANCE FOR A SIDE YARD SETBACK FOR
PROPERTY LOCATED AT 16280 PARK AVENUE
MOTION BY: Tom Kedrowski
SECOND BY:_Pete Schenck
WHEREAS, Elmer Clarke applied for a variance to permit reconstruction of a house
with a side yard setback of 2.1 feet instead of the required 5 feet and a
lakeshore setback of 47 feet instead of the required 75 feet, and
WHEREAS, following a duly noticed hearing on May 28, 1996, the Planning
Commission approved the request for the lakeshore setback and denied
the request for a side yard setback variance, and
WHEREAS, Mr. Clark subsequently appealed the decision of the Planning
Commission to the City Council, and
WHEREAS, on June 17, 1996, the City Council upheld the decision of the Planning
Commission to deny the side yard setback variance, and
WHEREAS, the City Council, at the June 17, 1996 meeting, directed the preparation
of a resolution of denial with findings,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it does hereby make the following
FINDINGS OF FACT:
1. The applicant has a legal alternative available for the reconstruction of the house
which does not require a side yard variance.
2. The request for a side yard variance is the result of the owners desire to use the
existing foundation and is not the result of actions of another person.
3. The physical characteristics of the property do not create a circumstance which would
justify the granting of a side yard variance.
4. The distance from the neighbor's house to the existing foundation is not material to
the consideration of this variance.
16200 ~~PJi~~~'&e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
BE IT FURTHER RESOLVED that the decision of the Planning Commission to deny
the side yard setback variance is hereby upheld and that Planning Department case file
number 96-041 is incorporated into, and made a part of , the record of decision in this
case.
Passed and adopted this 1 st day of July 1996
YES NO
ANDREN X ANDREN
GREENFIELD X GREENFIELD
KEDROWSKI X KEDROWSKI
MADER X MADER
SCHENCK X SCHENCK
Ii
L
Frank Boyles, City Manager
City of Prior Lake
{Seal}
RES9670.DOC/KK
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