HomeMy WebLinkAbout96-101
RESOLUTION 96-101
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING THE
DECISION OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR
VARIANCE, CASE NO. 96-083, AND APPROVING A VARIANCE BY DON AND MARY
KEMPER
MOTION BY: Kedrowski
SECOND BY: Schenck
WHEREAS,
the Prior Lake City Council conducted a hearing on the 7th day of October,
1996, to act on an appeal by Donald and Mary Kemper of the Planning
Commission's denial of a request for a side yard setback variance for
property legally described as Lot 5, Kopps Bay Addition; and
WHEREAS,
the City Council finds that the request for variance meets the standards for
granting variances set forth in Section 5-6-6 (C, 1-4) of the City Code, and
that the appellant has set forth adequate reasons for overturning the decision
of the Planning Commission; and
WHEREAS,
the City Council has determined that the Planning Commission's decision
denying the request for variance should be overturned, and said variance
should be approved:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Donald and Mary Lou Kemper applied for a variance from Section 4.2 of the Zoning
Ordinance in order to permit the construction of a 4' by 20' deck addition to an existing
dwelling on property located in the R-I (Suburban Residential) District and the SD
(Shoreland Overlay) District at the following location, to wit;
15097 Manitou Road, legally described as Lot 5, Kopps Bay Addition
2. The Planning Commission reviewed the application for variance as contained in Case File
#96-083, held hearings thereon on September 9, 1996, and denied the applicants' request.
3. Donald and Mary Lou Kemper appealed the decision of the Planning Commission In
accordance with Section 5-6-3 (A) ofthe City Code.
4. The Prior Lake City Council reviewed this appeal on October 7, 1996.
5. The City Council has considered the effect of the proposed variance upon the health, safety,
and welfare of the community, the existing and anticipated traffic conditions, light and air,
16200 ESg~<<Dt~ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
6. Approving the variance allows access to a permitted accessory use, a mother-in-law
apartment, on this property.
7. The proposed variance does not negatively impact light, air or drainage on the site.
8. The proposed variance is similar to the provisions of the Zoning Ordinance allowing a 5'
wide side yard on substandard lots.
9. The contents of Planning Case File #96-083 are hereby entered into and made a part of the
public record and the record of the decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby overturns the decision of the
Planning Commission and approves the requested variance to allow a deck addition to be located
6.77' from the north property line.
This variance is granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the certificate of survey
submitted by the applicant and attached to this resolution as Exhibit A.
Passed and adopted this 21st day of October, 1996.
YES
Andren x Andren
Greenfield x Greenfield
Kedrowski x Kedrowski
Mader Mader
Schenck x Schen
NO
{ Seal}
x
RES96101.DOC