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HomeMy WebLinkAbout11-04PC - Davide Coker Lot Width VARSTATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) Doc. No. T 211610 Vol. 149 Page 295 Cert. 48342 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MINNESOTA ...�� Certified Filed on 1 J-20-2011 at 03:45 James L. Herltges, Registrar of Titles 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 11 -04PC A RESOLUTION APPROVING A 9 FOOT VARIANCE FROM THE REQUIRED MINIMUM LOT WIDTH TO ALLOW FOR THE SUBDIVISIONOF A RESIDENTIAL PROPERTY WITHIN THE R-1 ZONING DISTRICT J ke City of Prior Lake Dated this 2/2"d day of August, 2011. (Oty. Seal)' - EPI 1-120 David Coker Lot Width Variance 25-117-002-0 25-047-002-0 Please return document to: City of Prior Lake Community Development/Natural Resources Department 4646 Dakota Street SE Prior Lake, MN 55372 0-1 PRIp�, M r`N U 4646 Dakota Street SE Prior Lake, MN 55372 rrl� Soli RESOLUTION 11-04PC A RESOLUTION APPROVING A 9 FOOT VARIANCE FROM THE REQUIRED MINIMUM LOT WIDTH TO ALLOW FOR THE SUBDIVISION OF A RESIDENTIAL PROPERTY WITHIN THE R-1 ZONING DISTRICT BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. David Coker is requesting a 9 foot lot width variance from the required minimum lot width for the subdivision of a residential property within the R-1 (Low Density Residential) Zoning District at the following location, to wit; 599415 01h Street NE, Prior Lake, MN 55372 Tract B, REGISTERED LAND SURVEY NO , Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #11 120 and held a hearing thereon on August 22, 2011. 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 Pian. 4. Practical difficulties exist for the property owners to transfer the ownership of a 7,464 square foot area of land. The properties will not increase in nonconforming lot width as a result of the land transfer. The property owners propose to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning Ordinance. 5. The granting of the lot width variances are within harmony of the general purposes of the Ordinance. The property is designated for low density residential development under the Comprehensive Plan and Zoning Ordinance and the granting of the variances will achieve the purpose of the Zoning Ordinance to "promote the most ,appropriate and orderly development of the residential, business, industrial, public land, and public areas." by allowing for the property to be legally designated as a registered land survey. 6. The variances are necessary to use the property in a reasonable manner, the manner by which it is currently utilized, under which the current lot widths are not permitted by the Zoning Ordinance. 7. The practical difficulty in this case is due to the unique shape of the existing properties. The applicant does not proposed to increase the nonconformity of the lot widths of the lots under the proposed registered land survey but rather intends to alter the length of the lots. Phone 952.447.9800 / Pax 952.447.4245/iv,%vw.cityofpriorlake.com & The granting of the variances will not alter the character of the neighborhood. The neighborhood along 150`h Street includes many residential lots which also have existing nonconforming lots widths such as these properties.. 9. The proposed uses of the property are single-family residential dwellings which are a permitted use within the R-1 (Low Density Residential) Zoning District. 10. The current proposal does not involve any proposed solar energy systems. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variance to allow for the subdivision of a residential property into a property legally described by a registered land survey; as shown on the registered land survey stamp dated July 10, 2011 in the #11- 120 variance file: • A 9 foot variance from the required minimum 86 lot width requirement in the R-1 (Low Density Residential) Zoning District (Section 9104.302 (3)). The variance is subject to the following conditions: 1. This resolution must be recorded at Scott County within 50 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. 2. The City Council approves the proposed registered land survey stamp dated July 19, 2011. Adopted by the Board of Adjustment on August 22, 2011 Paul Perez, Acting Commission C ,ATTEST: 1�ze jefffOtAe, PlarFer