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RESOLUTION 00-16
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING A DECISION
OF THE PLANNING COMMISSION TO APPROVE A 55 FOOT VARIANCE TO PERMIT THE
CONSTRUCTION OF AN ADDITION TO AN EXISTING BUILDING IN THE C-5 DISTRICT
TO BE LOCATED 20 FEET FROM A RESIDENTIAL DISTRICT
RATHER THAN THE REQUIRED 75 FEET
MOTION BY: PETERSEN
SECOND BY: GUNDLACH
WHEREAS,
on February 22, 2000, and on March 6, 2000, the Prior Lake City Council considered
an appeal by D.R. Horton Custom Homes, Deerfield Development, LLC and John and
Mary Mesenbrink of the Planning Commission's approval of a request for a variance by
Keyland Homes to locate an addition to the existing building at 17021 Fish Point Road
SE 20' from the side lot line adjacent to a Residential District rather than the required
75' for the property legally described as follows:
Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota
together with that part of Lot 1, said Block 2, described as follows:
Beginning at the southeast corner of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the east line of said Lot 2, a
distance of 228.00 feet to the northeast corner of said Lot 2; thence South 89 degrees
49 minutes 16 seconds East along the easterly extension of the north line of said Lot 2,
a distance of 100.52 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 228.00 feet to the intersection with the south line of said Lot 1; thence
North 89 degrees 49 minutes 16 seconds West along the said south line, a distance of
100.52 feet to the point of beginning.
WHEREAS,
the City Council finds that the requested variance meets the standards for granting
variances set forth in Section 1108.400 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 approving
the requested variances should be upheld.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Kevin G. Horkey has applied for a variance from the Zoning Ordinance in order to permit the
construction of an addition to an existing warehouse/shop building in the C-5 (Business Park) District
located at 17021 Fish Point Road SE and legally described as follows:
16200 Eagle Creek Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
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AN EQUAL OPPORTUNITY EMPLOYER
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Lot 2, Block 2, WATERFRONT PASSAGE ADDITION, Scott County, Minnesota
together with that part of Lot 1, said Block 2, described as follows:
Beginning at the southeast corner of Lot 2, Block 2, of said plat; thence North 00
degrees 10 minutes 44 seconds East plat bearing along the east line of said Lot 2, a
distance of 228.00 feet to the northeast corner of said Lot 2; thence South 89 degrees
49 minutes 16 seconds East along the easterly extension of the north line of said Lot 2,
a distance of 100.52 feet; thence South 00 degrees 10 minutes 44 seconds West a
distance of 228,00 feet to the intersection with the south line of said Lot 1; thence North
89 degrees 49 minutes 16 seconds West along the said south line, a distance of 100.52
feet to the point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in Case File #00-
002 and held hearings thereon on January 24, 2000.
3. The Board of Adjustment concluded the variance met the hardship criteria and approved the request.
4. D.R. Horton Custom Homes, Deerfield Development, LLC, and John and Mary Mesenbrink filed an
appeal to the decision of the Board of Adjustment in accordance with Section 1109.400 of the City
Code on January 27, 2000.
5. 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.
6. 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 variance 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.
7. The location of the existing building on the lot limits the location of any addition to this building. An
addition meeting all required setbacks would nearly preclude any parking and loading areas for the
building.
8. The City of Prior Lake Economic Development Authority entered into an agreement with the
applicant for the purchase of the property with the express purpose of constructing an addition to the
existing building. The Development Agreement states the development of this site is consistent with
the goals and objectives of the Tax Increment Financing District.
9. There is justifiable hardship caused by the location of the existing building on the lot. Reasonable
use of the property does not exist without the granting of the variance to permit the addition to be
located consistent with the setback of the existing building.
10. The granting of the Variance will not serve merely as a convenience to the applicant, and is
necessary to alleviate demonstrable hardship.
11. The contents of Planning Case File #00-001 are hereby entered into and made a part of the public
record and the record of decision for this case.
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CONCLUSION
Based upon the Findings set forth above, the City Council hereby approves the following variance for the
proposed structure as shown in Exhibit A:
1. A 20' setback from the south property line rather than the required 75' setback..
The following are conditions which must be adhered to prior to the issuance of a building permit for the
proposed structure:
1. The resolution must be recorded and proof of recording submitted to the Planning Department within
60 days of the date of approval. An Assent Form must be signed and, pursuant to Section 1108.400
of the City Code, the variance will be null and void if the necessary permits are not obtained for the
proposed structure within one year after adoption of this resolution.
Passed and adopted this 6th day of March, 2000.
YES NO
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen X Petersen
Schenck X Schenck
{Seal}
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