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HomeMy WebLinkAbout95-26 RESOLUTION 95-26 VA01RS A RESOLUTION AFFIRMING THE ACTIONS OF THE BOARD OF ADJUSTMENT AND MODIFYING THE PROVISIONS OF ONE VARIANCE RELATING TO IMPERVIOUS SURFACE COVERAGE. IN THE MATTER OF THE VARIANCE APPLICATION OF CARTER DON NARVESON FOR PROPERTY LOCATED IN THE R-1 RESIDENCE DISTRICT AND SD, SHORELAND DISTRICT AT 3845 GREEN HEIGHTS TRAIL SOUTHWEST. BE IT RESOLVED BY the City Council of the City of Prior Lake, Minnesota: FINDINGS 1. Carter Don Narveson has applied for variances from Sections 5-4.1, 5-8.3 (A) and 5-5-2 (A) 3 of the Ordinance Code relating to Zoning to permit the reconstruction of a deck and to allow certain improvements on the property to remain for property located in the R 1 Residence District and SD Shoreland District at the following location, to-wit: Lot 13, Green Heights, Scott County, Minnesota. 2. The Board of Adjustment conducted a public hearing on January 19, 1995 aand February 13, 1995 and reviewed the Application for Variance as contained in Case #VA 95-01 . 3. The Board of Adjustment considered the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. The Board of Adjustment found that, a. 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 impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, and danger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the Zoning Ordinance and the Comprehensive Plan. b. The special conditions applying to the structure and land in question or peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable hardship or difficulty. 5. The Board of Adjustment approved variances to permit a deck in the east side yard with a setback of 5.57 feet, a deck in the north front yard with a setback of 16.65 feet and a total impervious surface coverage of 500/0. 6. The Board of Adjustment denied variances for a deck in the west side yard with a setback of 5.74 feet, a carport in the west side yard with a setback of 3 feet, and a carport or covered walkway in the east side yard with a setback of 8 feet, an impervious surface coverage of 530/0 and an accessory structure with a floor cover of 1,029.75 square feet. 7. The applicant appealed the decision of the Board of Adjustment to the City Council on the grounds that the Planning Commission did not have sufficient facts to render a decision. The appeal did not specify what facts were not available to the Board of Adjustment. 8. Ten property owners in the vicinity of the applicant's property appealed the variance granted by the Board of Adjustment for impervious surface coverage on the grounds that it exceeded the largest variance previously granted for impervious surface coverage by almost 10 percent. 9. On Monday, April 3, 1995, the City Council considered the appeals before it. Based on staff reports, file photographs and testimony from staff and interested parties, including the applicant and representatives of the appellants, the City Council affirmed the actions of the Planning Commission, except that the variance for impervious surface coverage was reduced to permit maximum impervious surface coverage of 390/0. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that based upon the Findings set forth above, it hereby affirms the actions of the Board of Adjustment as follows: 1. The variances for the deck in the east side yard with a setback of 5.57 feet instead of the required 10 feet and a deck in the north front yard having a setback of 16.65 feet instead of the required 25 feet shall continue in effect as approved by the Board of Adjustment. 2. The denial of the variances for a deck in the west side yard with a setback of 5.74 feet instead of the required 10 feet, a carport in the west side yard with a setback of 3 feet instead of the required 10 feet, a carport or walkway in the east side yard with a setback of 8 feet instead of the required 10 feet, an impervious surface coverage of 530/0 instead of the maximum of 300/0 and an accessory structure with a floor area of 1029.75 square feet instead of the maximum 832 square feet is hereby affirmed. 3. The approval of the variance for an impervious surface coverage of 500/0 is hereby rescinded. The maximum impervious surface shall not exceed 390/0. CONDITIONS As a condition of these variances, the applicant shall remove the carport and walkway additions to the garage and that portion of concrete slab shown on Exhibit A. In the event the applicant acquires the adjacent lot described as Lot 14, Green Heights, Scott County, Minnesota, prior to June 15, 1995, the applicant shall not be subject to the need for variances for the deck in the west side yard, the carport setback or the impervious surface coverage. The contents of Planning case file VA 95-01 are hereby entered into and made part of the public record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance Code these variances shall be deemed to be be abandon and shall be null and void one year from the date of approval if the holder of the variance has failed to obtain any necessary, required or appropriate permits for the completion of the contemplated improvement. MOTION BY: GREENFIELD SECONDED BY:KEDROWSKI Passed and adopted this 17th day of APRIL, 1995. YES NO Andren X Greenfield X Kedrowski X Scott X Schenck* (Did not participate in discussion) ~E {Seal} VA01RS