HomeMy WebLinkAbout98-44RESOLUTION 98-44
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING AN 18.72 FOOT
VARIANCE TO PERMIT A 71.28 FOOT LOT WIDTH AT TltE FRONT YARD
SETBACK RATHER THAN TltE REQUIRED 90 FOOT LOT WIDTH AND
VARIANCES TO PERMIT LOT AREA OF 14,120 AND 9,810 SQUARE FEET RATI:IER
THAN THE REQUIRED 15,000 SQUARE FEET FOR TWO LOTS TO BE CREATED
VIA ADMINISTRATIVE PLAT FOR HILLCREST HOMES
MOTION BY: KEDROWSKI
SECOND BY: SCHENCK
WHEREAS:
WHEREAS:
Hillcrest Homes has applied for a variance from Section 5-8-3 of the City Code
and Zoning Ordinance in Order to permit the combination of three lots for the
creation of two lots in the R-1 (Suburban Residential) District on the property
described as Lots 40, 41 and 42 Red Oaks, Scott County; and
The City Council has reviewed the application for variance as contained in
Case #98-034 and held hearings thereon on April 6, 1998.
NOW, THEREFORE, BE IT ltE~REBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the following variances for
the combination of three lots to create two lots as indicated m attached Exhibit A (legal
description and survey):
1. An 880 square foot variance to permit lot area of 14,120 square feet rather than the required
15,000 square feet for proposed Lot 1.
2. A 5,190 square foot variance to permit lot area of 9,810 square feet rather than the required
15,000 square feet for proposed Lot 2.
3. An 18.72 foot variance to permit a front yard width of 71.28 feet rather than the required 90
feet for proposed Lot 2.
FINDINGS
The City Council has considered the effect of the proposed variances 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.
:\ u ilh' souti\p s 98-0 4. oc
16200 Er~[~ ~e[~ ~ve. ~.,~rior~e, Minnesota 55372-1714 / Ph. (612)447-4230 / Fax (612)447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variances will not result in the
impairment of an adequate supply of light and air to adjacent properties, unreasonably
increase congestion in the public streets, increase the danger of fire, and danger to the public
safety, unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
The special conditions applying to the subject property are unique to such property, and do
not generally apply to other land in the district in which such land is located. The unique
circumstances applicable to this development are that the lots are located on a peninsula and
were originally created in 1930, prior to the implementation of the Shoreland Ordinance,
over which, the applicants had no control, nor can they change the existing conditions.
The properties could be developed separately as existing substandard lots upon the approval
of four variances. The applicant has proposed to combine the lots into two lots, thus
reducing the nonconformity.
The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
The contents of Planning Case 98-034 are hereby entered into and made a part of the public
record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance
Code this variance will be deemed to be abandoned, and thus will be null and void one (1)
year from the date of approval if the holder of the variances has failed to obtain any
necessary, required or appropriate permits for the completion of contemplated
improvements.
Passed and adopted this 6th day of April, 1998.
{Seal}
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner f
r:\councilh'esoluti\planreskrs98-044.doc 2
... 'EXHIBIT A
PRIOR
£1.= 902. I0 6-20-97
I
I
LOT 38
LEGAL DF. SCRIP~
Lots 40, 41, ~ 42 RED O~KE, Scott County,
MAOSSOtO.
TOPOGRAPHY & LEGAL DESC. PROVIDED BY
vALLEY SURVEYING CO., P.A., 8120197
ORA~NA"~' D~EC11C~
DESCglPTIO# FOR #ORTHIRLY PA#CEL:
OES£RIP?IO~ FOR SOUTHERLY P&#C~L:
Lane
O~ A~,U~GE O~RCc'noa
CivB En~lneering
Land Planning
Serveying
Mlnne~polla, MN
18121 474-7800
RED OAKS
ADDITION
fm
HILLCREST HOMES
lakevflle, MN
Date:
PRELIMINARY
SITE' CONCEPT
and
GRADING PLAN
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