HomeMy WebLinkAbout15-20PC 16640 Inguadona Beach Circle SW VAR Receipt:# 541929 T237611
VAR $46.00 Cert# 47439
Retum to:
LAKE CITY
4646 I IIIIIIII III VIII VIII VIII VIII VIII IIII IIII
4646 DAKOTA ST SE
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
12/18/2015 10:35 AM
Office of the Registrar of Titles
Scott County,Minnesota
James L.Hentges,Registrar of Titles
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
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 15-20PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK
FOR A PROPERTY IN THE (R-1) LOW DENSITY ZONING DISTRICT
JeffAa0e
City of Prior Lake
Dated this 16th day of November, 2015.
PID 25-095-002-0
16640 Inguadona Beach Circle SW
Prior Lake, MN 55372
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 15-20PC
A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY
RESIDENTIAL)ZONING DISTRICT
Motion By: Tiernan Second By: Kallberg
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on
November 16,2015,to consider a request from Dawn Rahbain to approve a variance from the minimum
front yard setback to allow construction of an attached 2-car garage in the R1-SD(Low Density Shoreland
Residential)Zoning District at the following property:
16640 Inguadona Beach Circle SW, Prior Lake, MN 55372
Lot 2, Inguadona Beach
(PID 25-095-002-0)
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#DEV15-
001026 and held a hearing thereon on November 16, 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.
It appears practical difficulties exist for the applicant in this case for the front yard setback variance.
Very limited area exists in the front yard to place a garage; without a variance, a garage addition would
not be possible between the front property line and the house. In a Minnesota recreational,4-season
community such as Prior Lake, a 2-car garage is generally necessary for the purposes of normal daily
living.
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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.
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 variance as requested would allow the applicant to
construct a reasonable 2-car garage in an orderly fashion on the limited property area.
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 does exist due to circumstances unique to the property. The limited area in the
front yard creates a challenge to place a garage on the property without any variances. Impervious
surface can be eliminated in other concrete and paver walkway areas to maintain a maximum 30%total
lot area impervious surface coverage. Therefore, an impervious surface variance is not necessary.
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 variance will not alter the existing character of the neighborhood. The proposed
house and garage is within line of the adjacent houses and has similar setbacks and lot conditions. A
public sanitary sewer line exists underneath the private street. Due to the decreased front yard setback
for the attached garage on Lot 2,the City would require additional easement access from the properties
opposite the street(The applicant owns the properties across the street), In order the provide access for
maintenance to the utility line,a drainage and utility easement is required across the westernmost 12 feet
of Lots 42 and 43, Inguadona Beach.
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.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance
to allow a construction of an attached two-car garage in the R1-SD (Low Density Residential Shoreland)
Zoning District:
a. A 12.8 foot variance from the required minimum 20 foot front yard setback using the a verage front
yard setbacks of the adjacent properties(Section 1102.405(5))
4. The variance is 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 certificate of survey shall be revised to reduce the proposed impervious surface to a maximum of
30%of the total lot area based on further removal of impervious(hard)surfaces.
c. The property owner of Lot 42 and 43, Inguadona Beach Plat shall grant a drainage and utility easement
across the westernmost 12 feet of the lots for the purposes of the future public utility maintenance.
PASSED AND ADOPTED THIS 161h DAY OF NOVEMBER 2015.
Ka/1ber� Tema,
VOTE -W4& thhnik, Fleming Larson Peterson
Aye X 9 tK X . El
a t91on Chair
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Absent El El El El Dan Rogness,CommunQ!:5 evelopment Director
Abstain El El El El El
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