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Home My WebLink About14-05PC 14977 Manitou Road NW VARDoc. No. A 958426 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 05-20-2014 at 11:35 Recpt: 237571 James L. Hentges, County Recorder 01 Fee- $ 46.00 (This cover sheet is now a permanent part of the recorded document) PRZp$ Z4646Dakota Street SE # sol Prior Lake, MN 55372 RESOLUTION 14.05PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R•1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Jeff Phelan Second By: Eric Spieler WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on May 19, 2014, to consider a request from Kutzke Construction to approve a variance from the minimum front yard setback to allow a garage addition and other major home remodeling to a property in the R-1 (Low Density Residential) Zoning District at the following property: 14977 Manitou Road NW, Prior Lake, MN 55372 Lot 3, Kopp's Bay Second Addition, Scott County, Minnesota. (PID 25-053-003-0) WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance request, and persons interested were afforded the opportunity to present their views and objections related to the variance request; and WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case #DEV - 2014 -0012 and held a hearing thereon on May 19, 2014. WHEREAS, The Planning Commission 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 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows; 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. There are practical difficulties in complying with the strict terms of the Ordinance. "Practical difficulties," as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning_ Ordinance. Economic considerations atone do not constitute practical difficulties. The topographical nature of this property creates a practical difficulty for the property owner to construct a house addition on this property in a reasonable manner. The applicant proposes a garage addition which will not increase the existing nonconforming setback to the front property line b. The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. 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 "Enhance the aesthetic character of the City." The granting of the variance will allow for the re- construction of a more modem lake home c. The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The practical difficulty is due to circumstances unique to the property areas which were created by the topographical features on the property, namely the bluff conditions which cover the majority of the rear yard of the property d. The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variances will not alter the existing character of the neighborhood. Other riparian properties in the immediate area along Manitou Road are similar in limited buildable lot depth do to the bluff conditions in the area. The existing front yard setback will be maintained. e. The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located The requested addition and remodeling is for a single family residential dwelling which is an allowed use within the R-1 (Low Density Residential) Zoning District, 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow a garage addition and other major home remodeling to a property in the R-1 (Low Density Residential) Zoning District: a, A 3.9 foot variance from the required minimum 25 foot front yard setback (Section 1102.405) 4. The variance is subject to the following conditions of approval: a. The driveway width shall be reduced to a maximum 24 feet at the front property line and within the right- of-way b. The applicant shall record the Conditional Use Permit at the Scott County Recorder's Office no later than sixty (60) days after approval. c. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. PASSED AND ADOPTED THIS 19th DAY OF MAY, 2014. YES NO Phelan Phelan Blahnik Blahnik Hite Hite Larson Spieler Larson I Spieler Dan Rogness, Commu tEc omic Development Director LA14 FILES114 VARIANCES114977 Manilou Road NE (DEV -2014-0012)105 19 2014 94977 Manitou Road Variance PC resoluUon.docu 2 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) 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 14-05PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK TO ALLOW A GARAGE ADDITION AND OTHER MAJOR HOME REMODELING TO A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT f Dan Rogness City of Prior La e Dated this 19th day of May, 2014. 14977 Manitou Road NW, Prior Lake, MN 55372 PID 25-053-003-0 Please return document to: City of Prior Lake Community and Economic Development Department 4€46 Dakota Street SE • ' ;y (� /�`'%- Prior Lake, MN 55372 f ; .(CCity Sealy �� Jr-, •` a ':1. ASSENT OF APPLICANT File # DEV -2014-0012 As Approved by Resolution # 14-05PC The undersigned hereby assents to the following: I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. 1 fully accept all of the terms and conditions of said Resolution. 3. 1 understand Section 1 108.400 of the Prior Lake Ordinance Code provides as follows: 1108.413 Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. 1109.414 Expiration of Variance. All Variances shall be null and void and canceled, solely by the passage of time and without any action by the City, if 1 year has elapsed from the date of the adoption of the resolution granting the Variance if there is no evidence that substantial use or progress has occurred on the property or premise subject to the approved Variance. 1108.415 Expiration of Variances. The 1 year period used in this Ordinance to compute time to determine whether a Variance has been canceled or revoked shall begin with the date of adoption of the resolution granting the Variance. 1108.416 Extension of Variance. The owner of the property subject to a Variance may, by application and payment of the fee set by the City Council, apply for an extension of the 1 year Variance period. The application to extend the Variance request must be filed with the Zoning Administrator a minimum of 30 days before the expiration date of the Variance, but such request shall not be filed more than 60 days before the expiration date. The Board of Adjustment may, by resolution, extend a Variance for a reasonable period of time not to exceed 1 year. 4. 1 understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions o the Resolution. DATE SIGNATURE OF APPLICANT 14977 Manitou Road NW ADDRESS OF PROPERTY 707S"- Lt.v�ke--,, �. VVI r?t 7 r Uy\� Irk SIGNATURE OF OWNER