HomeMy WebLinkAbout95-35PC 5714 Fairlawn Shores Trail SE VarianceRESOLUTION 9535PC
A RESOLUTION GRANTING A LAKESHORE SETBACK VARIANCE TO PERMIT
A 42 FOOT SETBACK INSTEAD OF THE REQUIRED 75 FEET, AND A SIDE
YARD SETBACK VARIANCE TO PERMIT A SIDE YARD OF 3.85 FEET INSTEAD
OF THE REQUIRED 10 FEET FOR THE CONSTRUCTION OF A DECK FOR
PROPERTY IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT AND SD-
SHORELAND DISTRICT AT 5714 FAIRLAV~rN SHOPd~S TRAIL SE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Paul Knudsen has applied for variances from Sections 4.2 and 9.3 of the Zoning
Ordinance in order to permit construction of a new deck on property located in the RI-
Suburban Residential and SD-Shoreland districts at the following location, to wit;
5714 Fairlawn Shores Trail SE., legally described as follows;
Lot 36, FAIRLAWN SHORES, Scott County, Minnesota
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9534 and held a hearing thereon on October 9, 1995.
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 variances on the Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property,
is possible to use the subject property in such a way that the proposed variances
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets,
increase the danger of fire, and danger to the public safety, unreasonably
diminish or impair health, safety, comfort, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~7-4245
AN EQUAL OPPORTUNITY EMPLOYER
The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in which such
land is located. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are 1) the configuration of the Ordinary High
Water Mark, 2) the narrowness of the property, and 3) the property's severe
slope.
The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
The contents of Plarming Case VA95-34 are hereby entered into and made a part
of the public record and the record of decision for this case. Pursuant to Section
5-6-8 of the Ordinance Code this variances will be deemed to be abandoned,
and thus will be null and void one (1) year from the date of approval if the holder
of the variance has failed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvement.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances;
1. A 33 foot variance to permit a lakeshore setback of 42 feet instead of the
required 75 feet.
2. A 6.15 foot variance to a permit a side yard on the West of 3.85 feet instead of
the required 10 feet.
These variances are granted with the following terms and conditions;
1. Erosion control be maintained in connection with the completion of the
project which is the subject of this request;
2. This variance is granted for the construction of a deck only, as opposed to a
porch or other enclosed addition.
Adopted by the Board of Adjustment on Octo~f~31,19J5~.l]alI
Richard l~yl[en~dl, Chair
Donald R. R~e ~ ~
Planning DirecttSr -,'