HomeMy WebLinkAbout13-02PC 14534 Glendale Ave VAR DENIED
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 13-02PC
DENIAL OF A VARIANCE FROM THE MINIMUM LAKESHORE STURCUTRE SETBACK, MAXIMUM
HEIGHT RERQUIREMENT, AND MAXIMUM AREA REQUIREMENT FOR A WATER ORIENTED
ACCESSORY STRUCTURE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Russell Sampson is requesting variances from the minimum lakeshore structure setback, maximum
height requirement, and maximum area requirement for a water-oriented accessory structure at the
following location, to wit;
14534 Glendale Avenue, Prior Lake, MN 55372
Lot 1, BOUDIN’S MANOR 2nd ADDITION, Scott County, Minnesota and that part of Government
Lot 3, Section 30, Township 115, Range 21, Scott County, Minnesota, described as follows:
Beginning at the most northerly corner of said Lot 1; thence northwesterly along the
northwesterly extension of the northerly line of said Lot 1 to the shoreline of Prior Lake; thence
southerly and southeasterly along said shoreline to its intersection with the westerly extension of
the southwest corner of said Lot 1; thence easterly along said westerly extension to the
southwest corner of said Lot 1; thence northwesterly along the westerly line of said Lot 1, to the
point of beginning.
AND ALSO Lot 1, OAKLAND BEACH, Scott County, Minnesota and that part of the waterfront
as shown on said plat described as follows: Beginning at the northwest corner of said Lot 1;
thence North 89 degrees 56 minutes 05 seconds West (assumed bearing) along the westerly
extension of the north line of said Lot 1, to the shoreline of Prior Lake; thence southerly along
said shoreline to its intersection with a line drawn North 82 degrees 31 minutes 35 seconds East
along said line to the southwest corner of said Lot 1; thence northerly along the westerly line of
said Lot 1, to the point of beginning.
(PID 25-121-001-0, 25-115-001-0)
2. The Board of Adjustment has reviewed the application for variances as contained in Case #13-102
and held a hearing thereon on March 4, 2013.
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. It appears that practical difficulties do not exist in this case. The property owner has alternatives for
placement of the structure and a water-oriented accessory structure is not necessary for the
property owner to use the property in a reasonable manner as a single family dwelling use.
5. The granting of the variance is not in harmony with the general purposes of the Zoning Ordinance.
One purpose of the Zoning Ordinance is to “promote the most appropriate and orderly development
of the residential, business, industrial, public land and public areas”. The requirements of the water-
oriented accessory structure allow for orderly development of small structures on lakeshore
properties. The applicant has alternatives to place this structure in a location which would meet the
Zoning Ordinance.
6. The granting of the variance is not necessary to permit reasonable use of the property. Although a
water-oriented accessory structure is certainly permitted and anticipated as a land use on lakeshore
property, its current size and location is not necessary for the property owner to use the property in
a reasonable manner as a single family dwelling use.
7. The practical difficulty is a direct result of the property owner’s chosen location and construction of
the accessory structure.
8. The granting of the variance would allow for the location, height, and size of any accessory
structure to be sited in close proximity to the shoreline of Prior Lake. Approving a variance to allow
such a situation could obstruct adjacent lake views and have a negative effect on the aesthetic
appearance of the lakeshore. While there are non-conforming water oriented accessory structures
in the area whose construction pre-dates the adoption of the current Zoning Ordinance, the intent of
the Water-Oriented Accessory Ordinance (Section 1104.308) is to prohibit further structures to be
located in close proximity to the lake.
9. A water-oriented accessory structure is an allowed accessory use within the R-1 (Low Density
Residential) Zoning District.
10. The granting of the variances will not be necessary to alleviate any hardships of the inability to use
solar energy systems.
11. The contents of Planning Case #13-102 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 denies the following
variances from the minimum lakeshore structure setback, maximum height requirement, and maximum
area requirements for a water oriented accessory structure:
A 30 square foot variance from the 120 square foot maximum area requirement (Section
1104.308(c))
A 10 foot variance from the 10 foot maximum height requirement (Section 1104.308(c))
A 40 foot variance from the minimum 50 foot lake setback from the ordinary high water mark
elevation (904 elev.) (Section 1104.308 (b))
Adopted by the Board of Adjustment on March 4, 2013.
________________________________
Jeff Phelan, Commission Chair
ATTEST:
_________________________________
Dan Rogness, Community & Economic Development Director