HomeMy WebLinkAbout95-34PC 5470 Fairlawn Shores Trail SE VarianceRESOLUTION 9534PC
A RESOLUTION GRANTiNG A LAKESHORE SETBACK VARIANCE TO PERMIT
A 49 FOOT SETBACK INSTEAD OF THE REQUIRED 75 FEET, FOR THE
REPLACEMENT OF AN EXISTING DECK FOR PROPERTY IN THE R-1
SUBURBAN RESIDENTIAL DISTRICT AND SD-SHORELAND DISTRICT AT 5470
FAIRLAWN SHORES TRAIL SE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Adele Phillips has applied for variances from Section 9.3. of the Zoning Ordinance
in order to permit construction of a new deck to replace an existing deck of the same size
and configuration on property located in the RI-Suburban Residential and SD-Shoreland
districts at the following location, to wit;
5470 Fairlawn Shores Trail SE., legally described as follows;
Lot 12 and 13, Block 1, FAIRLAWN SHORES, Scott County, Minnesota
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9535 and held a hearing thereon on October 23, 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, it
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) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The special conditions applying to the subject property a.re 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 its shape and the location of the house
constructed in 1976.
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 Planning Case VA95-35 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 variance to permit a 49 foot lakeshore setback.
These variances are granted with the following terms and conditions;
i. Erosion control be maintained in connection with the completion of the
project which is the subject of this request;
Adopted by the Board of Adjustment on October 23, 1995.
_~ATTEST: //~
Donald R. Rye \
Planning Director
l~ic~rd k~yl~ehd~'~, Chair
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