HomeMy WebLinkAbout98-01RESOLUTION 98-01
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING THE
DECISION OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR
VARIANCE, CASE NO. 97-053, AND APPROVING A VARIANCE FOR THE
PROPERTY LOCATED AT 16575 INGUADONA BEACH CIRCLE
MOTION BY:
KEDROWSKI
SECOND BY:
PETERSEN
WHEREAS,
the Prior Lake City Council heard this issue on November 17, 1997,
December 1, 1997 and January 5, 1998, to act on an appeal by Brian Mattson
of the Planning Commission's denial of a request for a driveway setback
variance and an impervious surface variance for property legally described as
Lot 29, Inguadona Beach; and
On December 1, 1997, the City Council directed staffto work with the DNR
to present a solution and specifics on decreasing thc rate of mn-off from thc
site; and
Wl:IEREAS,
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
WFIEREAS,
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
Brain Mattson applied for a variance from Sections 5-5-5 F and 5-8-3 B,1 of the Zoning
Code in order to permit a 1 foot side yard setback for a driveway rather than the required 5
foot setback and a 24% variance to permit impervious surface coverage of 54% rather than
the maximum allowed of 30% impervious surface coverage as drawn in Exhibit A on
property located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
16575 Inguadona Beach Circle, legally described as Lot 29, Inguadona Beach
The Planning Commission reviewed the application for variance as contained in Case File
#97-053, held hearings thereon on June 23, 1997 and on October 27, 1997, and denied the
applicant's request.
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16200 r~ag~ecree}~ ave. ~.r~., t~rlor LaKe, Minnesota SS372-1714 / Ph. (612) 447-4230 / Fax (612~a~e417-424S
AN EQUAL OPPORTUNITY EMPLOYER
o
Brian Mattson appealed the decision of the Planning Commission in accordance with Section
5-6-3 (A) of the City Code.
The Prior Lake City Council reviewed this appeal on November 17, 1997, December 1, 1997
and January 5, 1998.
City staff met with DNR representatives on December 4, 1997 at the site to discuss the
grades and means of decreasing the rate of nm-off (see December 10, 1997 letter from
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,
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.
Approving the variance allows a permitted accessory use, a two-car garage, and access to the
garage, on this property.
o
The proposed variance does not negatively impact light, air or drainage on the site. Snow
storage can occur on the site, and the potential damage to adjacent properties can be avoided
through the use of a fence.
9. The City Council has determined that there are unique circumstances or conditions regarding
the property that are not the fault or cause of the applicants.
10. The City' Council has determined literal enforcement of the ordinance will result in undue
hardship, as the applicant's are proposir~g to meet the building setback requirements and the
proposed variances are unavoidable.
11. The contents of Planning Case File #97-053 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 hereby approves the following for a proposed detached garage and
driveway as drawn in Exhibit A and modified by the applicant in Exhibit B, which exhibits are
incorporated into this resolution:
I. A three foot side yard setback variance permitting a driveway setback of two feet
rather than the required driveway setback of five feet.
2. A 6.5% impervious surface variance permitting impervious surface of 36.5% rather
than the maximum allowed of 30%
These variances are granted with the following terms and conditions;
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1. A revised survey must be submitted, indicating the applicants proposed change and
the removal of the existing concrete patio and driveway to decrease the impervious
surface to 36.5%.
2. The applicant hereby agrees to keep and store all snow from the driveway on his
property.
3. Gutters are to be placed on the proposed garage to direct mn-off to the yard to the
south side of the property (grassy area).
4. As per DNR letter dated December 10, 1997, a two foot aggregate trench will be
constructed (as part of the permit for the garage) the entire length of the driveway to
decrease the rate of mn-off from the proposed garage and driveway and to
significantly reduce mn-offto the adjacent property to the north. Mr. Mattson, at his
discretion may place a perforated plastic tile line in the trench to move excessive
water to the street.
As per City Code Section 5-6-6 (D), the applicant has 60 days to record this
resolution or it is null and void and as per Section 5-6-8, the applicant has one year
to obtain the necessary permits for the proposed project or this approval is null and
void.
Passed and adopted this 5th day of January, 1998.
{Seal}
Mader
Kedrowski
Petersen
Schenck
Vacant
YES NO
X Mader
X Kedrowski
X Petersen
Schenck X
ci, /
Ci~f Pr~or/l;aket
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