HomeMy WebLinkAbout98-48RESOLUTION 98-48
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE DECISION
OF THE PLANNING COMMISSION IN THE MATTER OF REQUEST FOR
VARIANCE, CASE NO. 97-132, DENYING A SETBACK VARIANCE FOR THE TRASH
ENCLOSURE ON PROPERTY LOCATED AT 14180 COMMERCE AVENUE
MOTION BY:
KEDROWSKI
SECOND BY:
PETERSEN
WHEREAS,
on April 6, 1998, the Prior Lake City Council considered an appeal by
Burdick Properties of the Planning Commission's denial of a request for a
variance to rear yard setback adjacent to residential property requirement for
the property legally described as Lot 4, Block 1, James 1st Addition; and
the City Council directed staff to prepare a resolution upholding the decision
of the Planning Commission and bring it forward for consideration on April
20, 1998; and
the City Council finds that the request for variance does not meet the
standards for granting variances set forth in Section 5-6-6 (C, 1-4) of the City
Code, and that the appellant has not set forth adequate reasons for
overturning the decision of the Planning Commission; and
WHEREAS,
the City Council has determined that the Planning Commission's decision
denying the request for variance should be upheld, and said variance should
be denied.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
Burdick Properties, represented by Mr. Mark Kelly, applied for a variance from Sections 5-
4-1E of the City Code and Section 4.1D of the Zoning Code in order to permit a 16.3 foot
rear yard setback for property adjacent to property zoned residential for an existing trash
enclosure rather than the required 60 foot setback as drawn in Exhibit D on property located
in the B-1 (Limited Business) District at the following location, to wit;
14180 Commerce Avenue, legally described as Lot 4, Block 1, James 1 st Addition.
The Planning Commission reviewed the application for variance as contained in Case File
#97-132, held hearings thereon on January 12, 1998 and January 26, 1998. The Planning
Commission continued discussion to February 23, 1998 and March 9, 1998, and denied the
applicant's request.
,-r :\c0un~l~res~ltkti\planxeaXrs9848cc .doc.
16200 ~ag~e~reeK Ave. ~.L., ~'norLaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~f~7-4245
AN EQUAL OPPORTUN~TY EMPLOYER
3. Burdick Properties appealed the decision of the Planning Commission in accordance with
Section 5-6-3 (A) of the City Code.
4. The Prior Lake City Council considered this appeal on April 6, 1998 and directed staff to
prepare a resolution upholding the decision of the Planning Commission.
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 variance on the Comprehensive Plan.
The City Council has determined that there are not unique circumstances or conditions
regarding the property. The applicant is responsible for knowledge of city ordinances. The
trash enclosure was constructed within the setback in violation of City Ordinances. Any
hardship, was caused by the actions of the applicant. There were no unique characteristics to
the property, which would constitute a hardship, prior to the construction of the building.
The City Council finds the intent of setback standards is top provide buffers between
adjacent land uses in order to mitigate against unnecessary interference with use and
enjoyment of property. The proposed variance for trash enclosure cannot meet the intent of
the ordinance because the odor from the trash enclosure.
The denial of the requested variance does not constitute a hardship with respect to literal
enforcement of the ordinance as there exists reasonable use of the property without the
variance.
9. The contents of Planning Case File #97-132 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:
Upholds the decision of the Planning Commission denying a 43.7 foot setback variance to
permit a rear yard setback adjacent to property zoned residential of 16.3 feet rather than the
required 60 feet for an existing trash enclosure as shown in Exhibit D, which exhibits are
incorporated into this resolution.
The applicant must remove or relocate the subject trash enclosure by August 1, 1998. In the
event the applicant fails to remove the trash enclosure by August 1, 1998, the City Attorney
is hereby authorized to commence appropriate legal action to compel removal of the trash
enclosure.
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Passed and adopted this 20th day of April, 1998.
{Seal}
YES
Mader X
Kedrowski X
Petersen X
Schenck X
Wuellner ABSENT
Mader
Kedrowski
Petersen
Schenck
Wuellner
City Manage,
City of~
NO
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684 Excelsior Boulevard
D~c~lsioc, ~ 55331
SUFIVEYOI~'S
~ draw~ ~ the w~st wall
(brick face) o£ the t~ buildings
on Iz~t 4 and r~t 5, Block 1, ~
~ST N~OITIC%~, SCott Cotmty, Minmesota.
Also the local, on of the trash.
enclosure.
~ l~cated by m~ th/s 26th day of
November, 1997.
:E~TIFICATE
EXHIBIT
Scale: I inch = 40 feet
D
12-01-97 .