HomeMy WebLinkAbout4D - David Smith Appeal
\.-....
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
ALTERNATIVES
RECOMMENDA TION
ACTION REQUIRED:
STAFF AGENDA REPORT
40 \~
JENNITOVAR,PLANNER,~}/\
CONSIDER APPROVAL OF A RESOLUTION 96-XX
UPHOLDING THE DECISION OF THE ZONING OFFICER TO
DENY PERMIT THE USE OF SETBACK AVERAGING AS
REQUESTED IN THE APPEAL OF DAVE SMITH
DECEMBER 2, 1996
On November 18, 1996, the City Council considered an appeal
by Dave Smith, of the decision of the Zoning Officer to deny
the use of setback averaging for the construction of a garage
addition located at 2590 Spring Lake Road. The Council
directed the staff to prepare the attached resolution, with
findings of fact, upholding the decision of the Zoning Officer
and denying the use of setback averaging as proposed.
1. The City Council may adopt Resolution 96-XX, upholding
the recommendation of the Planning Commission and
decision of the Zoning Officer to deny this request.
2. The City Council may adopt Resolution 96-XX with
amendments.
Alternative 1.
applcc2.doc
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-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING
THE RECOMMENDATION OF THE PLANNING COMMISSION IN THE
MATTER OF AN APPEAL OF A DECISION OF THE ZONING OFFICER
RELATING TO SETBACK AVERAGING, CASE NO. 96-105, AND
DENYING THE USE OF SETBACK AVERAGING FOR DAVE SMITH
ON PROPERTY LOCATED AT 2590 SPRING LAKE ROAD
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake City Council conducted a hearing on the 18th day of
November, 1996, to act on an appeal by Dave Smith of the Zoning Officer's
denial of a request to use setback averaging for property legally described as
Lot 27 & 28, Butternut Beach; and
WHEREAS, the City Council finds that the appeal does not meet the standards for setback
averaging set forth in Section 5-8-3 (D, 2) of the City Code, and that the
appellant has not forth adequate reasons for overturning the decision of the
Zoning Officer; and
WHEREAS, the Planning Commission has recommended the City Council uphold the
decision of the Zoning Officer:
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE:
FINDINGS
1. Dave Smith appealed the decision of the Zoning Officer relating to the use of setback
averaging as described in Section 9. D. of the Zoning Ordinance in order to permit the
construction of a garage addition on property located in the R-l (Suburban Residential)
District and the SD (Shoreland Overlay) District at the following location, to wit;
2590 Spring Lake Road, legally described as Lot 27 & 28, Butternut Beach
2. The Planning Commission reviewed the appeal as contained in Case File #96-105, held
hearings thereon on October 28, 1996, and recommended upholding the decision of the
Zoning Officer.
3. The Prior Lake City Council reviewed this appeal on November 18, 1996.
4. The City Council has considered the effect of overturning the decision of the Zoning Officer
upon the health, safety, and welfare of the community, the existing and anticipated traffic
16200 ~gg\~5B8J1FAve. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 appeal variances on the Comprehensive Plan.
5. On June 10, 1996 the Planning Commission granted the applicant an 18 foot variance,
permitting a 67 foot setback from the centerline of Spring Lake Road.
6. The variance granted determined exactly what the setback would be on the applicant's
property for the proposed addition.
7. Upholding the decision of the Zoning Officer allows construction of a permitted use, as
proposed on this property, in the location approved by the granting of the variance on June
10, 1996.
8. The contents of Planning Case File #96-105 are hereby entered into and made a part of the
public record and the record of the decision for this case.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby upholds the decision of the
Zoning Officer and concurs with the recommendation of the Planning Commission and denies
the use of setback averaging to be used in determining the front yard setback for the proposed
garage addition as proposed.
Passed and adopted this 2nd day of December, 1996.
YES
NO
Andren
Greenfield
Kedrowski
Mader
Schenck
Andren
Greenfield
Kedrowski
Mader
Schenck
{ Seal}
City Manager,
City of Prior Lake
96-10SRE.DOC