HomeMy WebLinkAbout95-28PC 14472 Shady Beach Trail VarianceRESOLUTION 9528PC
A RESOLUTION GRANTING A LAKESHOP,_E SETBACK VARIANCE TO PERMIT
A 49 FOOT SETBACK INSTEAD OF THE REQUIRED 75 FEET, AND A
VARIANCE TO PERMIT A SIDE YARD SETBACK OF 7.5 FEET INSTEAD OF THE
REQUIRED 10 FEET, FOR THE CONSTRUCTION OF A LIVING AND GARAGE
ADDITION TO PROPERTY IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT
AND SD-SHORELAND DISTRICT AT 14472 SHADY BEACH TRAIL.
BE IT RESOLVED BY the Board of Adjustment oft he City of Prior Lake, Minnesota;
FINDINGS
1. Vaughn and Henriette Lernke have applied for a variances from Section 4.2 of the
Zoning Ordinance in order to permit construction of a living and garage addition to an
existing house on property located in the Ri-Suburban Residential and SD-Shoreland
districts at the following location, to wit;
14472 Shady Beach Trail, legally described as follows;
Lot 5, Shady Beach No. 2, Scott County, Minnesota
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9533 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,
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. SE.. Prior Lake, Minnesota 5537241714 / Ph. (612) 447-4230 / Fax (612) 4~7-4245
AN EQLA OPPORTUNITY EM[~LOYER
File No. VA95-33
STATE OF MINNESOTA)
COUNTY OF SCOTT )
360750
The undersigned, duly qualified and acting City Manager of the City of Prior Lake,
hereby certifies the attached hereto is a tree and correct copy of the original.
Resolution 95-28PC
on file in the office of the City Planner, City of Prior Lake. ,,
Dated this ,2t/ day of 1995.
16200 F~i~,~k Ave. S.E., Prior Lake, Minnesota 5~3~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The special conditions applying to the subject property axe 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 existing
house in relation to the OHW elevation.
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 VA95-33 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 (I) 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 7.5 foot side yard setback on the East.
A variance to permit a lakeshore setback for the additions of 49 feet.
These variances are granted with the following terms and conditions;
1. The proposed additions will be in compliance with the City's Flood Plain
Ordinance.
2. Erosion control be maintained in cormection with the completion of the
project which is the subject of this request;
3. Removal of the existing driveway.
Adopted by the Board of Adjustment on September 25, 1995.
(/"~A~TEST: y /~ Thomas Vonhof, Chair ~
Donald R. Rye /
Planning Director
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