HomeMy WebLinkAbout16-095 Twin Isle Variance Appeal
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-095
RESOLUTION AFFIRMING A DECISION BY THE BOARD OF ADJUSTMENT TO GRANT
VARIANCES ON LOT 51, TWIN ISLAND
Motion By: McGuire Second By: Morton
WHEREAS, Troy Martin and Dean Scholl, the property owners, have requested variances from
the minimum lake setback and minimum side yard to allow construction of a seasonal
cabin on a property in the R-1 (Low Density Residential) Zoning District at the
following property:
Lot 51, Twin Isles, Scott County Minnesota.
(PID 25-100-040-1)
WHEREAS, The Planning Commission, acting as the Board of Adjustment, reviewed the
application for variances as contained in Case #DEV16-001012, held a public
hearing thereon May 16, 2016, and continued their discussion of the item on June
20, 2016; and,
WHEREAS, The Planning Commission concluded the variances were consistent with the criteria
set forth in Section 1108.406 of the Zoning Ordinance, and approved the variances
subject to conditions; and
WHEREAS, On June 21, 2016, John Meyer, a property owner within 350 feet of the affected
property, appealed the decision of the Planning Commission to the City Council;
and
WHEREAS, The City Council reviewed the appeal of the Planning Commission’s decision, and
the information contained in Case # DEV16-001012, and held a hearing thereon on
July 25, 2016.
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
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reasonable manner not permitted by the Zoning Ordinance. Economic
considerations alone do not constitute practical difficulties.
Practical difficulties exist for the applicant in this case. The size of the island and the
size of the lots platted in 1925 create practical difficulties in complying with the
setbacks. The applicant has chosen a building location which minimizes clearing of
natural vegetation and grading impacts to the site, both of which are encouraged
under the Island Development Ordinance (Section 1104.309).
b. The granting of the Variances is 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 residential cabin plan on the site in an orderly fashion within the confines
of the upland area of the property.
c. 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.
The 33.7-foot lake setback distance is similar to the lake setback of other cabins
immediately south of the property.
d. 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 residential seasonal cabin
which is an allowed use on Twin Isles within the R-1 (Low Density Residential) Zoning
District.
5. The contents of Case #DEV16-001012 are hereby entered into and made a part of the
public record and the record of decision for this case.
6. Based upon the findings set forth herein, the City Council hereby affirms the following
variances granted by the Planning Commission to allow construction of a seasonal cabin
in the R-1 (Low Density Residential) Shoreland Zoning District:
a. A 33.7-foot variance from the required minimum 100-foot structure setback from the
Ordinary High Water (OHW) elevation of Prior Lake (Section 1104.309)
b. A 5-foot variance from the required minimum 10-foot side yard setback (Section
1104.309)
PASSED AND ADOPTED THIS 25TH DAY OF JULY 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☒ ☒ ☒ ☐
Nay ☒ ☐ ☐ ☐ ☒
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager