HomeMy WebLinkAbout6A 14259 Shady Beach Trail Variance resolution
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 15-XXPC
A VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
Motion By: Peterson Second By: Hite
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on
June 15, 2015, to consider a request from Steiner & Koppelman LLC, on behalf of the property
owner, Joe and Deb Schiesl, to approve a variance from the minimum lake setback to allow
construction of a single family dwelling on a property in the R-1 (Low Density Residential) Zoning District
at the following property:
14259 Shady Beach Trail, Prior Lake, MN 55372
Lot 2, Shady Beach, Scott County, Minnesota.
(PID 25-045-002-0)
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-
2015-001010 and held a hearing thereon on June 15, 2015; and
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 fact that the existing property is at a location where vehicular sight lines along Shady Beach Trail
around the nearby curve in the road are problematic creates a practical difficulty for the property owner
to construct a single family home with a shorter driveway for parking at a safe distance.
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b. The granting of the Variances are in harmony with the general purposes and intent of the City
Subdivision and Zoning Ordinances and the Comprehensive Plan.
The granting of the variances are 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 variances will allow for the
construction of a single family home and a longer driveway to ensure safe parking of vehicles away
from the roadway at a hidden driveway location.
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 particularly the need to locate a
structure further from the front property line due to vehicular sight lines along Shady Beach Trail around
the nearby curve in the road.
d. The granting of the variances 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. With the exception
of the property to the immediate west, other riparian properties in this corridor along have similar
nonconforming lake setbacks.
e. The granting of the Variances 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 variances would allow construction of a single family 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 variances
to allow a construction of a single family dwelling in the R-1 (Low Density Residential) Zoning District:
a. An 15 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Section 1104.308)
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall
be submitted to the Community & Economic Development Department prior to the issuance of a
building permit.
PASSED AND ADOPTED THIS 6th DAY OF JULY, 2015.
_______________________________
Perri Hite, Commission Chair
ATTEST: _________________________________
Dan Rogness, Community & Economic Development Director
VOTE Hite Blahnik Fleming Larson Peterson
Aye ☒ ☐ ☐ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☒ ☐ ☐ ☐
Abstain ☐ ☐ ☒ ☐ ☐