HomeMy WebLinkAbout97-67
RESOLUTION 97-67
DENYING A 5 FOOT VARIANCE REQUEST TO PERMIT A 5 FOOT SIDE YARD
SETBACK RATHER THAN THE REQUIRED 10 FEET FOR A PROPOSED GARAGE
AS DRAWN IN EXlDBIT A, CASE NO. 97-065, FOR ALVIN MONNENS ON
PROPERTY LOCATED AT 16697 CREEKSIDE AVENUE
MOTION BY: MADER
SECOND BY: ROBBINS
WHEREAS,
the Prior Lake Planning Commission conducted a hearing on the 28th day of
July, 1997, to act on a setback variance request by Alvin Monnens for
property known as 16697 Creekside Avenue; and
WHEREAS,
the Planning Commission has denied the setback variance request based on
lack of hardship as determined upon review of the hardship criteria set forth
in City Code; and
WHEREAS,
WHEREAS,
the applicant has appealed the Planning Commission's decisions to the City
Council; and
the City Council heard the appeal on August 18, 1997; and
the City Council, upon hearing the facts, concurs with the decision made by
the Planning Commission to deny the setback variance request.
WHEREAS,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. The Planning Commission held hearings on July 28, 1997 to review a 5 foot variance request
to permit a 5 foot side yard setback rather than the minimum requirement of 10 feet for a
proposed garage as drawn in Exhibit A, for Alvin Monnens, on property located in the R-l
(Suburban Residential) District at the following location, to wit;
16697 Creekside Avenue described as:
Lot 15, Jo-Anna Stepka's Hi-View 3rd Addition, Scott County, Minnesota.
2. The Planning Commission reviewed the variance request as contained in Case File #97-065,
and denied the setback variance request based on the lack of hardship determined upon
review of the hardship criteria set forth in the City Code.
16200 Ea~~c6\Mi\p&m.e~\Rs9.}t-d7alm.; Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~gW7-4245
AN EQUAL OPPORTUNITY EMPLOYER
30 The Prior Lake City Council reviewed this appeal on August 18, 19970
40 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 variance on the
Comprehensive Plan.
5. The City Council has reviewed the hardship criteria in relation to the setback variance
request for the proposed addition 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. The City Council has determined that literal enforcement of the ordinance will not result in
undue hardship, as the applicant can build the proposed addition on the property within the
legal building envelope.
8. The contents of Planning Case File #97-065 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 denies the setback variance
request and concurs with the recommendation of the Planning Commission to deny a 5 foot
variance request to permit a 5 foot side yard setback rather than the minimum requirement of 10
feet for a proposed garage as drawn in Exhibit A, Case No. 97-065, for Alvin Monnens on
property located at 16697 Creekside Avenueo
Passed and adopted this 18th day of August, 1997.
Andren
Kedrowski
Mader
Schenck
Robbins
YES
X
X
X
ABSENT
X
NO
Andren
Kedrowski
Mader
Schenck
Robbins
{Seal}
r: \council\resoluti\planres\res97 -67 .doc
Page 2