HomeMy WebLinkAbout96-111
RESOLUTION 96-111
UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION IN
THE MATTER OF AN APPEAL OF A DECISION OF THE ZONING OFFICER
RELATING TO SETBACK AVERAGING, CASE NO. 96-106, AND APPROVING THE
USE OF SETBACK AVERAGING FOR HILLCREST HOMES ON
PROPERTY LOCATED AT 5600 FAIRLAWN SHORES TRAIL
MOTION BY: Kedrowski
SECOND BY:
Schenck
WHEREAS,
the Prior Lake City Council conducted a hearing on the 18th day of
November, 1996, to act on an appeal by Hillcrest Homes of the Zoning
Officer's denial of a request to use setback averaging for property legally
described as Lot 24, Fairlawn Shores; and
WHEREAS,
the City Council finds that the appeal meets the standards for setback
averaging set forth in Section 5-8-3 (D, 2) of the City Code, and that the
appellant has set forth adequate reasons for overturning the decision of the
Zoning Officer; and
WHEREAS,
the Planning Commission has recommended the City Council overturn the
decision of the Zoning Officer:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Hillcrest Homes appealed the decision of the Zoning Officer relating to the use of setback
averaging as described in Section 9. D. of the Zoning Ordinance in order to permit the
construction of a single family dwelling on property located in the R-l (Suburban
Residential) District and the SD (Shore land Overlay) District at the following location, to
wit;
5600 Fairlawn Shores Trail, legally described as Lot 24, Fairlawn Shores
2. The Planning Commission reviewed the appeal as contained in Case File #96-106, held
hearings thereon on October 28, 1996, and recommended overturning the decision of the
Zoning Officer.
16200 E~c(!:H~~W\Ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. The Prior Lake City Council reviewed this appeal on November 18, 1996.
4. The City Council has considered the effect of overturning the decision of the Zoning Officer
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.
5. The applicant demolished a dwelling on Lots 24 and 25 of Fairlawn Shores. The applicant
would not have demolished the entire structure, if the demolition would have knowingly
removed their opportunity to utilize setback averaging.
6. The unique circumstances and conditions regarding the property are no fault or cause of the
applicants.
7. The applicant has applied for a building permit using setback averaging of the setback of the
structure on Lot 23, Fairlawn Shores and the setback of the previously existing structure on
Lot 25, Fairlawn Shores.
8. Overturning the decision of the Zoning Officer allows construction of a permitted use, as
proposed, on this property.
9. Setback averaging does not negatively impact light, air or drainage on the site.
10. The contents of Planning Case File #96-106 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
Zoning Officer and concurs with the recommendation of the Planning Commission and approves
the use of setback averaging to be used in determining the setback for the proposed structure
from the Ordinary High Water Level of Prior Lake as proposed.
The decision of the City Council to allow setback averaging to be used in this case is not meant
to set a precedent for allowing setback averaging to be used with the setbacks of previously
existing structures or that of structures that are not on adjacent lots. The circumstances in this
particular case are unique, and thus warrant the overturning of the decision of the Zoning Officer
not to allow the use of setback averaging.
1. The appellant may utilize setback averaging, provided the improvements shall be
constructed in accordance with the certificate of survey submitted by the applicant
(as part of the approved building permit) and attached to this resolution as Exhibit A.
Passed and adopted this 2nd day of December, 1996.
RES96ll1.00C
, ., . _,. .__,.._._._._.,..~,<,..._".._ _~~,__,_,_~__,__"""'H__.'~~'~"'~'~'_"~"_~_O~"
YES NO
Andren X Andren
Greenfield X Greenfield
Kedrowski X Kedrowski
Mader absent Mader
Schenck X Schenck
{ Seal}
City Manager,
City of Prior La
RES96lll.DOC