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HomeMy WebLinkAbout14-06PC 17181 Sunset Ave SW VARSTATE OF MINNESOTA) )SS. COUNTY OF SCOTT ) Doc. No. A 960451 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 06-24-2014 at 04-04 Recpt- 539948 James L. Hentges, County Recorder 01 Fee- $ 46.00 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 14-06PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK TO ALLOW A DETACHED GARAGE TO A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Jeff4ao"Ke City of Prior Lake Dated this 16'1' day of June, 2014, 17181 Sunset Avenue SW, Prior Lake, MN 55372 PID 25-489-002-0 Please return document to: X City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372 r 00, P O U i 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 14•06PC 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: Blahnik Second By: Hite WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on June 16, 2014, to consider a request from Leo Alfred to approve a variance from the minimum front yard setback to allow construction of a detached garage on a property in the R-1 (Low Density Residential) Zoning District at the following property: 17161 Sunset Avenue SW, Prior Lake, MN 55372 Lot 3, Block 1, Sunrise View 1s1 Addition, Scott County, Minnesota. (PID 25-489-002-0) 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 -0013 and held a hearing thereon on June 16, 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 alone do not constitute practical difficulties. The small lot size and limited front yard area create a practical difficulty for the properly owner. Moving the garage west, including its attachment to the house, would block existing windows and create a larger remodeling project for the applicant to the older early 1900s structure. 3. 4. 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 addition of a detached garage to the property which currently has no garage structure. 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 which was created by the small 7, 263 square foot lot size. A conforming lot size under current Ordinance requires a 15,000 square foot lot. 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 Sunset Avenue are similar in limited buildable lot size and have similar nonconforming front setbacks of 10 feet or less. 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 detached garage construction is for a single family residential dwelling use which is an allowed use within the R-1 (Low Density Residential) Zoning District. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow a construction of a detached garage on a property in the R-1 (Low Density Residential) Zoning District: a. A 9.4 foot variance from the required minimum 20 foot front yard setback using averaging of two existing_ front yards within 150 feet along the same block (Section 1102.405) The variance is subject to the following conditions of approval: a. The applicant shall record the variance at the Scott County Recorder's Office no laterthan sixty (60) days after approval. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. b. The variance is subject to the issuance of required permits from all applicable governmental agencies. PASSED AND ADOPTED THIS 16th DAY OF JUNE, 2014. VOTE Phelan 8lahnik Hite Larson Spieler Aye ® 0 ® ® ❑ Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness, Comma ity & Ecan is Development Director