HomeMy WebLinkAbout4G - Elmer Clarke Variance
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
ACTION REQUIRED:
4G
R. Michael leek
Associate Planner
Consider Approval of Resolution 96-17 Denying an Appeal
by Elmer Clarke of Planning Commission Decision in Case
VA95-31
February 20, 1996
On February 5, 1996, the City Council directed City Staff to
prepare a resolution denying Mr. Clarke's appeal of the
Planning Commission's decision in this case. That resolution
accompanies this report.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 96-17
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL
DENYING AN APPEAL BY ELMER CLARKE
OF PLANNING COMMISSION DECISION IN THE MATTER
OF REQUEST FOR VARIANCES CASE NO. V A95-31
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake City Council conducted a hearing on the 5th of
February, 1996, to act on an appeal by Elmer Clarke of the Planning
Commission's denial of his request for side yard setback and lakeshore
setback variances for property legally described as Lot 13, LAKESIDE
PARK, Scott County, Minnesota, and
WHEREAS, the City Council finds that the request for variance does not meet the
standards for granting variances set forth in the City's Zoning
Ordinance at Section 7.6(C)(1-4), in that denial of the variances does
not deprive the appellant of a reasonable use of his property, and
WHEREAS, the City Council has determined that the Planning Commission's
decision denying the request for variance was appropriate and
consistent with the Zoning Ordinance, and
WHEREAS, The contents of Planning Case V A95-31 are hereby entered into and
made a part of the public record and the record of decision for this case.
WHEREAS, The City Council has made the following findings of fact:
FINDINGS OF FACT:
1. The applicant is the owner of Lot 14 which abuts the subject site,
and Lot 15.
2. By virtue of the applicant's ownership of these abutting lots, the
application does not meet the standard set forth in Section 5-8-
3(A)I(e) that" the lot be in separate ownership from abutting lots".
3. By combining Lot 13 with Lots 14 and 15, the applicant can
abrogate the need for a side yard setback variance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, that it hereby upholds the Planning Commission's denial of Elmer Clarke's
request for variance.
16200 IBagRYU~~Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4117-4245
AN EQUAL OPPORTl'NITY EMPLOYER
~ _.,._..........h~~...~ . .., .
Passed and adopted this 20th day of February, 1996.
Andren
Greenfield
Kedrowski
Mader
Schenck
{ Seal}
RES96XX.DOC
YES
Andren
Greenfield
Kedrowski
Mader
Schenck
NO
City Manager
City of Prior Lake
2