HomeMy WebLinkAbout13-16PC 14400 Rutgers St NE VAR O PR%
4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 13 -16PC
APPROVAL OF VARIANCES FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK, AND
MINIMUM VEHICULAR ACCESS ELEVATION FOR A PROPERTY IN THE R -1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Eskuche Design is requesting variances from the minimum lake setback and minimum vehicular
access elevation at the following location, to wit;
14400 Rutgers Street NE, Prior Lake, MN 55372
That part of Government Lot 3, Section 30, Township 115, Range 21, Scott County, Minnesota,
described as follows:
Commencing at the Northwest corner of said Government Lot 3 (also being the northeast corner
of Government Lot 2 of said Section 30); thence on an assumed bearing of West along the
North line of said Government Lot 2 a distance of 255.92 feet; thence South 8'38'36" East a
distance of 1613.87 feet to the point of beginning of the parcel to be described; thence South
78'36'24" West a distance of 183 feet more or Tess to the shore line of Prior Lake; thence
Southerly, Southeasterly, Northeasterly and Northerly along the shore line of Prior Lake to an
intersection with a line which bears South 53'38'36" East from said point of beginning; thence
North 53'38'36" West to a point of beginning.
PI D: 25- 930 -072 -0
2. The Board of Adjustment has reviewed the application for variances as contained in Case #DEV-
2013 -1028 and held a hearing thereon on October 7, 2013.
3. The Board of Adjustment 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.
4. It appears practical difficulties exist for the applicant in this case. This residential property has
some unique characteristics including a narrow buildable area that lies over 50 feet from the lake.
The allowed buildable area of the property which could be utilized without approval of variances
from the lake, front, and side yard setbacks, is approximately 2,960 square feet with a buildable
depth varying between 10 -25 feet. The low elevation of the property in relation to the floodplain of
Prior Lake prevents the construction of a basement level for additional interior square footage. It is
not practical to construct a reasonable lake home within these limitations.
5. Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly
development of the residential, business, industrial, public land and public areas" and "enhance the
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aesthetic character and appearance of the City." The approval of the variances as requested would
allow the applicant to construct a reasonable residential lake home plan on the site in an orderly
fashion within the confines of the center of the property.
6. The variances are necessary to use the property in a reasonable manner. With Lakeshore setbacks
on three sides of the property, and presence within the floodplain of Prior Lake the applicant has
limited buildable area to construct a reasonable -sized lake home given the size, shape, and lot
constraints of the property.
7. The practical difficulty does exist due to circumstances unique to the property. This residential
property has unique characteristics including a narrow buildable area in which to construct a lake
home and a low elevation which would not allow a basement level.
8. The granting of the variances will not alter the existing character of the neighborhood. As visible on
the submitted survey and site plan, the proposed house has similar lake setbacks and low elevation
lot conditions.
9. The contents of Planning Case #DEV2013 -1028 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the following
variances to allow for the construction of a single family home:
• A 26.0 foot Lakeshore variance from the required minimum 50 foot rear yard setback using the
average Lakeshore setbacks of the adjacent properties (Section 1102.405 (5))
• A 4.9 foot variance from the required minimum elevation for vehicular access within the
floodplain (Section 1105.402 (4))
The variance is subject to the following conditions:
1. The revised site plan shall be transferred to the survey record prior to any building permit
issuance.
2. This resolution must be recorded at Scott County within 60 days of adoption. Proof of
recording, along with the acknowledged City Assent Form, shall be submitted to the City of Prior
Lake prior to the issuance of a building permit.
Adopted by the Board of Adjustment on October 7, 2013.
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`l Commission Chair
ATTEST:
Dan Rogness, C mmu & Economic Development Director