HomeMy WebLinkAbout95-29PC 3874 Green Heights Trail VarianceRESOLUTION 9529PC
A RESOLUTION GRANTING A LAKESHORE SETBACK VARIANCE TO PERMIT
A 60 FOOT SETBACK INSTEAD OF THE REQUIRED 75 FEET, AND A
VARIANCE TO PERMIT A FRONT YARD SETBACK OF 19 FEET INSTEAD OF
THE REQUIRED 25 FEET FOR THE CONSTRUCTION OF A NEW', SINGLE-
FAMILY HOUSE WITH ATTACHED GARAGE ON PROPERTY IN THE R-1
SUBURBAN RESIDENTIAL DISTRICT AND SD-SHORELAND DISTRICT AT 3874
GREEN HEIGHTS TRAIL.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Michael and Lavon Mmgala have. applied for a variances from Section 4.2 of the
Zoning Ordinance in order to permit construction of a new house with attached garage on
property located in the RI-Suburban Residential and SD-Shoreland districts at the
following location, to wit;
3875 Green Heights Trail, legally described as follows; Part of Gov't. Lot
1, Section 3, Township 1 I4, Range 22, Scott County, Minnesota.
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9530 and held a hearing thereon on September 25, 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.
1
16200 Eagle Creek Ave, S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~7-4245
A[N EOt :AL OPPORTUNITY EMPLOYER
File No. VA95-30
STATE OF MINNESOTA)
COUNTY OF SCOTT )
The undersigned, duly qualified and acting City Manager of the City of Prior Lake,
hereby certifies the attached hereto is a true and correct copy of the original.
Resolution 95329PC
on file in the office of the City Planner, City of Prior Lake~
Dated this ~,~ day of &-ffT?//2F~/, 1995.
(Ci{y Seal)
16200 I~r%~k Ave. S.E., Prior Lake, Minnesota g5~5~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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 its shape along Green Heights Trail and the
slope of the property.
The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as
a convenience to the applicants, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case VA95-30 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;
A variance to permit a 19 foot front yard setback.
A variance to permit a lakeshore setback 60 feet.
These variances are granted with the following terms and conditions;
1. Erosion control be maintained in cormection with the completion of the
project which is the subject of this request;
Adopted by the Board of Adjustment on September 25, 1995.
~homas Vonhof, Chair
Donald R. Rye /
Planning Direcfor