HomeMy WebLinkAbout98-77RESOLUTION 98-77
RESOLUTION OF THE PR/OR LAKE CITY COUNCIL UPHOLDING A DECISION OF
THE PLANNING COMMISSION DENYING A 22.54 FOOT VARIANCE TO PERMIT A
62.46 FOOT SETBACK FROM THE CENTERLINE OF A COUNTY ROAD (FRANKLIN
TRAIL) INSTEAD OF THE REQUIRED 85 FOOT SETBACK AND THE MODIFIED
SETBACK REQUEST OF 72.00 FEET FROM THE CENTERLINE OF A COUNTY
ROAD (FRANKLIN TRAIL) INSTEAD OF THE REQUIRED 85 FEET AND A 1.2
PERCENT VARIANCE REQUEST TO PERMIT LOT COVERAGE OF 21.2 PERCENT
RATHER THAN THE MAXIMUM ALLOWED OF 20 PERCENT FOR EAGLE CREEK
VILLAS, INC.
MOTION BY:
SCHENCK
SECOND BY:
WUELLNER
on June 15, 1998, the Prior Lake City Council considered an appeal by Eagle
Creek Villas, Inc. of the Planning Commission's denial of a request for a
variance to setback from the centerline of a county road and lot coverage
maximum for the property legally described in Exhibit A (survey); and
WHEREAS,
the City Council finds that the requested variances do 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 overtuming the
decision of the Planning Commission; and
WHEREAS,
the City Council has determined that the Planning Commission's decision
denying the requested variances should be upheld, and said variances should
be denied.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
Eagle Creek Villas, Inc. applied for a variance from Sections 5-4-1 of the City Code and
Section 4.1 of the Zoning Code in order to permit a 62.46 foot setback from the centerline of
a county road (Franklin Trail) instead of the required 85 foot setback and the modified
setback request of 72.00 feet from the centerline of a county road (Franklin Trail) instead of
the required 85 feet and a 1.2 percent variance request to permit lot coverage of 21.2 percent
rather than the maximum allowed of 20 percent as shown in Exhibit A on property located in
the R-3 (Multiple Residential) District and as described in Exhibit A.
2. The Planning Commission reviewed the application for variance as contained in Case File
#98-040, held a hearing thereon on April 13, 1998. The Planning Commission continued
discussion to May 11, 1998 and denied the applicant's request.
· -r:\cpur~il~re~olttti\pla0re~-~rs9~,77cc x[oc.
16200 Lag~e~reeK ~ve. ~.L., ~'rior t_aKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612~a~f417-4245
AN EQUAL OPPORTUNITY EMPLOYER
III
3. Eagle Creek Villas, Inc. 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 was to consider this appeal on June 1, 1998, however, at the
request of the applicant, the City Council heard this request on June 15, 1998.
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.
The City Council has determined the request does not meet all four of the hardship criteria.
There are not unique circumstances or conditions regarding the property. Any hardship, was
caused by the actions of the applicant through the design and placement of the proposed
structures. There are no unique characteristics to the property, which would constitute a
hardship.
The denial of the requested variances do not constitute a hardship with respect to literal
enforcement of the ordinance as there exists reasonable use of the property without the
variances.
8. The contents of Planning Case File #98-040 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 22.54 foot variance to permit a
62.46 foot setback from the centerline of a county road (Franklin Trail) instead of the
required 85 foot setback and the modified variance setback request of 13.00 feet to permit a
72.00 foot setback from the centerline of a county road (Franklin Trail) instead of the
required 85 feet and a 1.2 percent variance request to permit lot coverage of 21.2 percent
rather than the maximum allowed of 20 percent for Eagle Creek Villas, Inc., as shown in
Exhibit A, which exhibit is incorporated into this resolution.
Passed and adopted this 15th day of June, 1998.
{Seal}
YES
Mader X
Kedrowski
[~t;ernS~ X
Wuellner~X
Mader
Kedr~[ski
Petej~t~n
_ SchHck
~y~t~Ia~ager,
~ of Prior Lake
NO
X
X
r:\councilXresoluti\planres~rs9877cc.doc Page 2