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HomeMy WebLinkAbout14-02PC 1875 Shoreline Blvd NW VARDoc. No. A 958945 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 05-30-2014 at 08:00 Recpt: 1249180 James L. Hentges, County Recorder 01 Fee- $ 46.00 STATE OF MINNESOTA) COUNTY OF SCOTT Doc. No. T 229156 Vol. 160 Page 52 Cert. 51399 CW 525 5-1 If 0 0 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MINNESOTA Certified Filed on 05-30-2014 at 0$:00 James L. Hentges, Registrar of Titles 01 Fee- $ 66.00 The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 14-02PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE SETBACK AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Jeff MOzke City of Prior Lake Dated this 7'h day of April, 2014. 1875 Shoreline Boulevard NW, Prior Lake, MN 55372 PID 25-490-003-0 City Seal) 6 c Please return document to: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372 no;o, 4646 Dakota Street SE Prior sake, MN 55372 RESOLUTION 14-02PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LADE SETBACK AND MINIMUM FRONT YARD SETBACK 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. Linda Bigut is requesting variances to allow construction of a single family residential dwelling on a property zoned R-1 (Low Density Residential) at the following location, to wit; 1875 Shoreline Boulevard, Prior Lake, MN 55372 25-490-003-0: e'''fOutlot A, Hilltop Addition, Scott County, Minnesota. , _0 -' ' And Lot 3, Hilltop Addition, Scott County, Minnesota, except that part of Lot 3, described as follows, 4 Commencing at the most westerly corner of Lot 3; thence South 30 degrees 27 minutes 20 .,,seconds East along the southwesterly line of said Lot 3, a distance of 86.92 feet to the point of '/�J beginning of the tract to be described; thence South 50 degrees 57 minutes East a distance of 33 feet, more or less, to the shore of Spring Lake; thence southwesterly along the shoreline 3 feet, more or less, to the southwesterly line of said Lot 3; thence northwesterly along said southwesterly line a distance of 33 feet, more or less to that point of beginning. ., 03 2. The Board of Adjustment has reviewed the application for the variance as contained in Case DEV- 20'14-0008 and held a hearing thereon on April 7, 2014. 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. The irregular shape of the narrow property creates a practical difficulty for the property owner to construct a house on this property in a reasonable manner. The applicant proposes a new home which will not increase the existing nonconforming setback to the lake. Also, the practical difficulty for the front yard setback is due to the abnormally large area of right-of-way along this Shoreline Boulevard. Granting of the front yard setback variance would allow the house to still be located over 40+ feet from the current roadway. With only an approximate 300 square foot irregularly shaped buildable area, a home could not be constructed on site without the need for setback variances from the Zoning Ordinance.. 5. The granting of the variance is in harmony with the general purposes of the Ordinance and Comprehensive Plan. A purpose of the Zoning Ordinance to "Promote the most appropriate and orderly development of the residential, business, industrial, public land, and ,public areas" and to Phone 952.447M00 / Fax 952.447.4245 / N"vNv.cityofpriorlake.com "Enhance the aesthetic character of the City." The granting of the variance will allow for the construction of a modern lake home. 6. The practical difficulty is due to circumstances unique to the property areas which were created by the narrow, irregular shape of the property. 7. The granting of the variances will not alter the existing character of the neighborhood. Many of the riparian properties along Shoreline Boulevard are similar in limited lot depth running from the street to Spring Lake. Therefore similar nonconforming lake and front yard setbacks exist in the area. In addition, Shoreline Boulevard was recently reconstructed and the street lies over 45 feet from the proposed house location due to an abnormally large right-of-way area. 8. A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning District. 9. The contents of Planning Case #DEV -2014-9008 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 to construct a single family residential dwelling on a property zoned R-9 (Low Density Residential): O An 11.5 foot variance from the required minimum 50 foot structure setback from the Ordinary High later (OHM elevation of ,Spring Lake using the average fake setbacks of adjacent properties (Section 1904.308). a A 15 foot variance from the required minimum 25 foot front yard structure setback (Section 9102.405 (3)). The variance is subject to the following conditions: 9. The variance resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shalt be submitted to the Community & Economic Development Departmertt prior to the issuance of a building permit. 2. In accordance with City Ordinance, the proposed driveway shall not exceed 24 feet in width at the front property line or within the street right-of-way.. 3. A deed restriction or covenants must be filed with the Scott County Recorder which requires Outlot A to be under the same ownership in a form acceptable to the City Attorney. This deed restriction or covenant must include provisions that restrict the resubdivision of the lot. Adopted by the Board of Adjustment ori April 7, 2414. 4- �rfdiHite, Commission Vice -Chair ATTEST: - Dan Rogness, C mmunity Economic Development Director