HomeMy WebLinkAbout97-51
RESOLUTION 97-51
DENYING (1) A 26 FOOT VARIANCE REQUEST TO PERMIT A 4 FOOT SETBACK
FROM THE TOP OF BLUFF RATHER THAN THE MINIMUM REQUIREMENT OF 30
FEET, AND (2) A 16 FOOT VARIANCE REQUEST TO PERMIT A 4 FOOT SETBACK
WITIDN THE BLUFF IMPACT ZONE RATHER THAN THE REQUIRED 20 FEET
FOR A PROPOSED SINGLE FAMILY DWELLING AS DRAWN IN EXHIBIT A, CASE
NO. 97-028, FOR PINNACLE PARTNERS ON PROPERTY LOCATED AT 15408 RED
OAKS ROAD
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Kedrowski
SECOND BY: Schenck
the Prior Lake Planning Commission conducted a hearing on the 28th day of
April, 1997, to act on setback variance requests by Pinnacle Partners for
property legally described as Lot 22, Red Oaks; and
the Planning Commission has denied the setback variance requests based on
lack of hardship as determined upon review of the hardship criteria set forth
in City Code; and
the applicant has appealed the Planning Commission's decisions to the City
Council; and
the City Council heard the appeal on June 16, 1997; and
the City Council, upon hearing the facts, concurs with the decision made by
the Planning Commission to deny the setback variance requests.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. The Planning Commission held a hearing on April 28, 1997 to review (1) a 23 foot variance
request to permit a 52 foot setback from the ordinary high water mark of prior lake (904 e1.)
rather than the minimum requirement of 75 feet, and (2) a 26 foot variance request to permit
a 4 foot setback from the top of bluff rather than the minimum requirement of 30 feet, and
(3) a 16 foot variance request to permit a 4 foot setback within the bluff impact zone rather
than the required 20 feet for a proposed single family dwelling as drawn in Exhibit A, for
Pinnacle Partners in order to permit the construction of a single family dwelling on property
16200 EilgwUDc:tl6rksMutj~~tisiln!br-lhlt~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61:Ppgel17-4245
AN EQUAL OPPORTUNITY EMPLOYER
located in the R-l (Suburban Residential) District and the SD (Shoreland Overlay) District at
the following location, to wit;
15408 Red Oaks Road, legally described as Lot 22, Red Oaks Road
2. The Planning Commission reviewed the variance requests as contained in Case File #97-028,
and denied the setback variance requests based on the lack of hardship determined upon
review of the hardship criteria set forth in the City Code.
3. The Prior Lake City Council reviewed this appeal on June 16, 1997.
4. The City Council has considered the effect of overturning the decision of the Planning
Commission 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 City Council has reviewed the hardship criteria in relation to the setback variance
requests for the proposed structure as shown in Exhibit A.
6. The City Council has determined that there are no unique circumstances or conditions
regarding the property that are not the fault or cause of the applicants.
7.
8. The City Council has determined that literal enforcement of the ordinance will not result in
undue hardship, as the applicant's can build a structure on the property within the legal
building envelope.
9. The contents of Planning Case File #97-028 are hereby entered into and made a part of the
public record and the record of the decision for this case.
CONCLUSION
Since the application was received and reviewed by the Planning Commission, the City Council
has amended the OHW setback on General Development Lakes to be 50 feet, rather than the
previous setback of 75 feet. Therefore, the 23 foot variance request to allow a OHW setback of
52 feet rather than the required 75 foot OHW setback is irrelevant.
Based upon the Findings set forth above, the City Council hereby denies the setback variance
requests and concurs with the recommendation of the Planning Commission to deny (1) a 26 foot
variance request to permit a 4 foot setback from the top of bluff rather than the minimum
requirement of 30 feet, and (2) a 16 foot variance request to permit a 4 foot setback within the
bluff impact zone rather than the required 20 feet for a proposed single family dwelling as drawn
in Exhibit A, Case No. 97-028, for Pinnacle Partners on property located at 15408 Red Oaks
Road
Passed and adopted this 16th day of June, 1997.
r:\council\resoluti\planres\res97-51.doc
Page 2
YES NO
Andren x Andren
Kedrowski x Kedrowski
(vacant) (vacant)
Mader absent Mader
Schenck x Schenck
{ Seal}
r:\council\resoluti\planres\res97-51.doc
Page 3
PINNACLE PARTNERSHIP
. 1.4093 COMMERCE AVENUE N.E.
PRIOR LAKE, MN. 55372
vUlley :;'Urveying CO., P. A.
SUITE 120-C, 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE. MINNESOTA 55372
TELEPHONE (612) 447-2570
EXHIBIT A
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DESC1UPTION:
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Lot 22 RED OAKS, Scott County, Minnesota.
proposed house
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NOTES' Benchmark Elevation 935.85 top of the existing garage slab on lot 23.
935.6 Denotes existing grade elevation
.
(939.0 ) Denotes proposed finished grade elevations
-- Denotes proposed direction of finished surface drainage
Set the proposed garage slab at elevation 941.07
Set the top block at elevation 942.82
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The lowest floor elevation will be 931.79
Net Lot Area above el. 904.0 = 7,374 sq. ft.
Net proposed impervious coverage = 29.9 %
o
I
SCALE
30
60
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REVISED 414.196 DECK TO BLUFF DIST.
REVISED 4/2/97 TO SHOW HSE.RJPPED
a GARAGE a CABIN REMOVED.
REVISED 1/30/97 TO SHOW TOP OF BA~,
TOE OF SLOPE a CABIN ON LOT 20
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