HomeMy WebLinkAbout15-184 14640 Oakland Beach Ave Appeal Variance
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 15-184
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION’S DECISION
TO GRANT APPROVAL OF A VARIANCE FROM THE MINIMUM LAKE SETBACK, FOR A PROPERTY IN THE
R-1 (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
MOTION BY: Morton SECOND BY: Thompson
WHEREAS, Highmark Builders, on behalf of the property owner, Christopher Dahl, is requesting a variance from the
minimum lake setback to construct a new home on a property in the R-1 (Low Density Residential) Zoning
District at the following property:
14640 Oakland Beach Avenue NE Prior Lake, MN 55372
That part of Government Lot 6, Section 30, Township 115, Range 21, Scott County, Minnesota, described
as follows: Starting at a point 100.0 feet due south of the southeast corner of Lot 16, Oakland Beach;
and running due north 100.0 feet to said southeast corner; thence due west 100.0 feet to the southwest
corner of said Lot 16; thence North 63 degrees 40 minutes West about 189.0 feet to the water edge of
Prior Lake; thence southwesterly along said water edge to a point due west of the point of the beginning;
thence due east about 550.0 feet to the point of the beginning.
And Lot 9, SEVEN ACRES, Scott County, Minnesota; Except that part of said Lot 9, SEVEN ACRES
lying westerly of a line drawn perpendicular to the southerly line of said Lot 9, SEVEN ACRES from a
point distant 475.42 feet westerly of the southeast corner of said Lot 9, SEVEN ACRES;
Also commencing at the southeasterly corner of Lot 16, Oakland Beach, Scott County, Minnesota;
proceeding thence South 100 more or less to the northerly line of Seven Acres, Scott County, Minnesota;
proceeding thence at right angles to the last described line in an easterly direction along the northerly
line of Seven Acres to the northeast corner of Seven Acres, Scott County, Minnesota; proceeding thence
in a northwesterly direction along the northwesterly extension of the easterly line of Seven Acres to the
point of beginning, the same consisting of a portion of Government Lot 6, Section 30, Township 115
North, Range 21 West, Scott County, Minnesota
(PID 25-930-115-0, 25-930-112-0, 25-118-008-0)
WHEREAS, The Planning Commission, acting as the Board of Adjustment, reviewed the application for
variances as contained in Case #DEV15-001016, held a public hearing thereon September 8,
2015, and continued their discussion of the item on October 5, 2015; and,
WHEREAS, The Planning Commission concluded the a variance was consistent with the criteria set forth in
Section 1108.406 of the Zoning Ordinance, and approved a variance subject to conditions; and
WHEREAS, On October 12, 2015, BNT Development LLC, a property owner within 350 feet of the affected
property, appealed the decision of the Planning Commission to the City Council; and
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WHEREAS, The City Council reviewed the appeal of the Planning Commission’s decision, and the
information contained in Case # DEV15-001016, and held a hearing thereon on November 9,
2015
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The above recitals are fully incorporated herein as set forth above.
2. The City Council finds that the requested variances are consistent with the criteria set forth in Section
1108.406 of the Zoning Ordinance, subject to conditions.
3. The City Council upholds the Planning Commission’s decision to approve the variances subject to
conditions.
4. The City Council makes 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.
It appears practical difficulties exist for the applicant in this case. This residential property has some
unique characteristics including the pond and lake features that minimize the buildable area of the
property to a linear area averaging approximately 30 feet in depth. The variance would allow for the
home to be placed at least 30 feet from the 904 elevation surrounding the pond while home would be
over 100 feet from the main part of Prior Lake.
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.
Two purposes of the Zoning Ordinance are to “promote the most appropriate and orderly development of
the residential, business, industrial, public land and public areas” and “enhance the aesthetic character and
appearance of the City.” The approval of the variances as requested would allow the applicant to
construct a reasonable residential lake home plan on the site in an orderly fashion within the confines of
the upland area of the property.
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 property has unique characteristics including the pond and lake features that minimize the buildable
area of the property to a linear area averaging approximately 30 feet in depth. The variance is required
to allow a reasonable building area on the property.
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. As visible on the
submitted survey, the proposed house would maintain similar lake and front yard setbacks to adjacent
properties along Oakland Beach to the north.
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.
A single family residential dwelling is an allowed use within the R-1 (Low Density Residential) Zoning
District.
5. The contents of Case #DEV15-001016 are hereby entered into and made a part of the public record
and the record of decision for this case.
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6. Based upon the findings set forth herein, the City Council hereby approves the following variance to allow a
construction of a single family dwelling in the R-1 (Low Density Residential) Zoning District:
a. A 45 foot variance from the required minimum 75 foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake (Section 1104.302 (4))
7. 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.
b. The survey shall be revised to indicate one driveway access onto Oakland Beach Avenue.
c. A grading plan shall be submitted for the project along with the building permit.
PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager