The URL can be used to link to this page

Home My WebLink About98-58RESOLUTION 98-58 A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING AN 15.19 FOOT VARIANCE TO PERMIT A 74.81 FOOT LOT WIDTH AT THE FRONT YARD ~ SETBACK RATHER THAN THE REQUIRED 90 FOOT LOT WIDTH AND A VARIANCE TO PERMIT LOT AREA OF 13,434 SQUARE FEET RATHER THAN THE REQUIRED 15,000 SQUARE FEET AND A 36.79 FOOT VARIANCE TO PERMIT OHW WIDTH OF 38.21 FEET RATHER THAN THE REQUIRED 75 FEET FOR TWO LOTS TO BE CREATED VIA ADMINISTRATIVE PLAT MOTION BY: KEDROWSKI SECOND BY: PETERSEN WHEREAS: WHEREAS: Daniel Loftus 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 into two lots in the R-1 (Suburban Residential) District on the property described as Lots 4 and 5 First Addition to Lakeside Park and Tract A of Registered Land Survey #161, Scott County, as described on the attached Exhibit A; and The City Council has reviewed the application for a variance as contained in Case #97-133 and held hearings thereon on May 4, 1998. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby adopts the following Findings of Fact with respect to this request: 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. 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. l:\9.7files\97adDlat\97-133Xrs9858ce.doc 16200 Eagle C?eel( ~ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~[7-4245 AN EQUAL OPPORTUNITY EMPLOYER o o 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 circumstance applicable to this development is that the lots were originally created in 1923, prior to the implementation of the Shoreland Ordinance, over which, the applicants had no control, nor can they change the existing conditions. Lots 3 and 5 have existing structures upon them. Lot 4 could be developed separately as existing substandard lots upon the approval of other 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 97-133 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. BE IT FURTItER RESOLVED, the City Council of the City of Prior Lake hereby approves the following variances for the combination of three lots into two lots as indicated in attached Exhibit A (legal description and survey): 1. An 1,566 square foot variance to permit lot area of 13,434 square feet rather than the required 15,000 square feet for proposed Parcel A. 2. An 15.19 foot variance to permit a front yard width of 74.81 feet rather than the required 90 feet for proposed Parcel A. 3. A 36.79 foot variance to permit an OHW width of 38.21 feet rather than the required 75 feet for proposed Parcel B. r:\councilXresoluti\planres~rs9858cc.doc 2 Passed and adopted this 4th day of May, 1998. {Seal} YES NO IMader X Mader I Kedrowski X I Kedrowski Petersen X [ Petersen Schenck X /Schenck Wuellner X I Wuellner ~ii~ o~a~rlog~ / r:\councilXresoluti\planreskrs9858cc.doc ADMINISTRATIVE LOT SPLIT PREPARED FOR: DAN CHOUDEK ' 1644'4 PARK AVENUE PRIOR LAKE, IVIN. 5557Z EXHIBIT A Valley Surveying Co., RA. SUITE 120-C , 16670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE ~ MINNESOTA 6537?. TELEPHONE (612) 447- 2570 I' N'~rlh line of lot .5 _3 ~ l 8, G69 SO. FT. ~" NWCOR. OF ~0~ - ;,L,I .,. I:[ './/~- --~'~--~' II ~t ' ~/":~ ." ~ ; I~ u,.~[o o' OARCEL B (To be added i7 ~' ~J.: r sou,..~ o~ ~o, ~ / ......,~, .... ., .__~~~r, u' ~o~,,~~ _..,,,,,_._ /: Y.," / "~ ~ .~,..,.. c '~ ' / ~/~' ... r.:~ :k .o... " '1 ~~... ~/ ' (ABOVE ~t. s~.o) ', ~ ~--~--- ~ ~' ---150.O0--- ~S~H LINE o~TRACT DF~qCRIPTION PARCEL A: ~hat pact of Lot 4, "FIP~gT ADO'N TO LAKESIDE PARK", F~cott~ County, Minne.~ota, lying nocthecly of the following desccibed line: Beginning at a point on the east line of said Lot 4, distant 24.92 feet ~]thecly of the noctheast corneT, thence westecly to a point on the west line of said Lot 4, distant 25.16 feet ~x~]thecly of the northwest co,nec of said Lot 4, and the~e terminating. And Lot 5, "FIRo~T ADD'N TO LAKESIDE PARK", Scott County, Minnesota. TOTAL LOT AREA = 1~,4:54 SO. FI~ DILe~RIPTION PARCEL B: That pact of Lot 4, "FIRST ADD'N TO LAKESIDE PARK", Scott County, Minnesota, lying s~]the~ly of the following described line: Beginning at a point on tho east line of said Lot 4, distant 24.92 feet southecly of the noctheast co,nec, thence westecly to a point on the west line of said Lot 4, distant 25.16 feet ~]therly of the northwest eocnec of said Lot 4, and thece terminating. AND TRACT A, RE~ISTEREO LAND SURVEY NO lB!, $¢~U County, ~lnnee~. TOTAL LOT AREA z ~l~ 185 SQ. FT. 0 30 60 SCALE IN FEET 0 Denotes I/?. /rich x 14 inch iron monument let and marked by License No. 10185 · Deno/e~ iron monument found · Denotes I~ K. Nail set ~A A~*[ ~ ~' ~ ~* 0 ~ l bymeor~ermydir~t~vi.iona~at t~ ~ s ~ th ~__~ ~ __ Io~ly licen~d Land ~eyor ~ e REV. 4/27/98 TO SHOW DISTANCES-- Licenle No. 10183 AT ~4.0 ~ TO CORRECT ~M~TATIONS. REV 5/20/98 ~ CORRECT LEGAL DESCRIPTI~ 8537 209 61 PARCEL B~ ESM'T ON LOT4 ~ LINE WGT. ON FILE No. BOOK PAGE BORY.