HomeMy WebLinkAbout98-109RESOLUTION 98-109
RESOLUTION OF TFIE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION OF
THE PLANNING COMMISSION DENYING A VARIANCE TO WAIVE THE ROOF
TOP SCREENING REQUIREMENT AND THE BUILT-IN IRRIGATION SYSTEM
REQUIREMENT FOR DAVE HANSEN ON THE PROPERTY LOCATED AT 17001
FISH POINT ROAD
MOTION BY: KEDROWSKI
SECOND BY: WUELLNER
on September 21, 1998, the Prior Lake City Council considered an appeal by
David Hansen. of the Planning Commission's denial of a request for a
variance to waive the roof top screening requirements and the built-in
irrigation system requirements for the property legally described in attached
Exhibit A; and
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 overturning 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
Dave Hansen has applied for variances from the Zoning Ordinance in order to waive
the requirement for built-in irrigation and roof-top screening of mechanical equipment
for recently constructed office/warehouse building on property located in the B-P
(Business Park) District at the 17001 Fish Point Road, legally described on attached
Exhibit A.
2. The Board of Adjustment reviewed the application for variances as contained in Case
#98-093 and held hearings thereon, and denied the request on August 24, 1998.
3. David Hansen appealed the decision of the Planning Commission in accordance with
Section 5-6-3 (A) of the City Code.
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16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota SS372-1714 / Pr. (612) 447-4230 / Fax (612) 447-424S
AN EQUAL OPPORTUNITY EMi~LOYER
4. The Prior Lake City Council considered this appeal on September 21, 1998.
The Prior Lake 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.
o
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. There
are no unique characteristics to the property, which would constitute a hardship. The
applicant was aware of the zoning requirements upon payment and receipt of the
building permit application. The approved building plans indicate proper roof-top
screening as required by the zoning ordinance and the intent to have the sub-
contractor submit an irrigation plan.
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.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicant, and is not necessary to alleviate demonstrable hardship.
The City Code allows for alternatives to built-in irrigation and varying methods of
roof-top screening that are permitted without the variance.
9. The contents of Planning Case 98-093 are hereby entered into and made a part of the
public record and the record of 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 variance to waive the roof top
screening requirements and the built-in irrigation system requirements for David Hansen on
the property located at 17001 Fish Point Road, legally described in Exhibit A, which exhibit
is incorporated into this resolution.
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Passed and adopted this 21st day of September, 1998.
{Seal}
Mader
Kedrowski
Petersen
Schenck
Wuellner
YES
X Mader
X Kedrowski
X Petersen
X Schenck
NO
City Manhgerf / /
City of Prio~_~
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EXHIBIT A
Legal Description:
That part of Lot 1, Block 2, WATERFRONT PASSAGE ADDITION, Scott County,
Minnesota described as follows:
Beginning at the northwest comer of Lot 2, Block 2, of said plat; thence North 00 degrees
10 minutes 44 seconds East plat bearing along the west line of said Lot 1, Block 2, a
distance of 147.00 feet; thence along a tangential curve concave to the west, having a
radius of 526.00 feet, a central angle of 02 degrees 50 minutes 26 seconds, an arc length
of 26.08 feet; thence North 82 degrees 30 minutes 56 seconds East (not tangent to said
curve) a distance 195.73 feet; thence South 85 degrees 59 minutes 04 seconds East a
distance of 217.67 feet; thence South 00 degrees 10 minutes 44 seconds West a distance
of 184.60 feet to the intersection with the easterly extension of the north line of said Lot
2, Block 2, of said plat; thence North 89 degrees 49 minutes 16 seconds West along said
easterly extension and the north line of said Lot 2, Block 2, a distance of 410.52 feet to
the point of beginning.
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