HomeMy WebLinkAbout99-108
RESOLUTION 99-108
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL DENYING THE VARIANCES AND THE
ADMINISTRATIVE SUBDIVISION FOR 15311 AND 15329 BREEZY POINT ROAD
MOTION BY: Kedrowski
SECOND BY: Schenck
WHEREAS the Prior Lake City Council considered an application for variances and for
administrative subdivision approval to combine Lot 17, Breezy Point with Lots 14 and
15 Breezy Point, on October 18, 1999; and
WHEREAS: notice of the said administrative subdivision and variances has been duly posted in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS: the City Council has reviewed the administrative subdivision and variances according
to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said administrative subdivision and variances to be consistent with the
provisions of said ordinances.
FINDINGS
1. Mary Rixmann and John Bossardt have applied for a variances from the Zoning Ordinance in
order to permit the combination of Lot 17 with Lots 14 and 15 Breezy Point on property located in
the R-1 (Suburban Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
15311 Breezy Point Road, legally described as Lot 14 and 15, together with that par
of Lot 17, lying westerly of the southerly extension of the westerly line of Lot 13,
Breezy Point, according to the recorded plat thereof, Scott County, Minnesota; and
15329 Breezy Point Road, legally described as the northerly 10.00 feet of Lot 11, all
of Lots 12 and 13, Breezy Point, Scott County, Minnesota, together with that part of
Lot 17, of said plat lying easterly of the southerly extension of the westerly line of said
Lot 13.
2. 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.
3. The denial of the variances and the administrative subdivision will not deny reasonable use of the
properties. There are existing structures on both existing lots. Lot 17 is unbuildable due to
elevations and shape, and reasonable use will be maintained as it currently exists.
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4. The granting of the variances is contrary to the Comprehensive Plan. The Comprehensive Plan
states "Neighborhoods and other land uses should be planned and developed in accordance with
the Comprehensive Land Use Plan. Development proposals shall be thoroughly reviewed and
evaluated to determine consistency with City plans and policies." The variances related to the
administrative subdivision are contrary to the intent of the ordinance.
5. One intent of the Zoning Ordinance is to achieve compliance of non-conformities with all
ordinances over time. The granting of the variances will create additional non-conformities and is
not within the intent of the ordinance.
6. The granting of the variances are not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances not serve merely as a convenience to
the applicants, and are necessary to alleviate demonstrable hardship.
7. The contents of Planning Case 99-076 and 99-077 are hereby entered into and made a part of
the public record and the record of decision for this case.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that it hereby denies:
1. An administrative subdivision for the combination of Lot 17 with Lots 14 and 15, Breezy Point.
1. The following variances related to the administrative subdivision on the property at 15311 Breezy
Point Road:
~ A 7.2% impervious surface variance to permit impervious surface coverage of 37.2%, rather
than the maximum allowed of 30%.
1. The following variances related to the administrative subdivision on the property at 15329 Breezy
Point Road:
~ A 1 ,435 square foot lot area variance to permit lot area of 13,565 square feet rather than the
minimum required 15,000 square feet.
~ A 0.5% impervious surface variance to allow impervious surface of 30.5% rather than the
maximum allowed of 30%.
Passed and adopted this 18th day of October, 1999.
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen Petersen X
Schenck X Schenck
Wuellner X Wuellner
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