HomeMy WebLinkAbout95-27PC 3106 Fariview Road VarianceRESOLUTION 9527PC
A RESOLUTION GRANTING A FRONT YARD SETBACK VARIANCE TO PERMIT
A 18 FOOT SETBACK ON THE SOUTHWEST TO ALLOW THE RELOCATION OF
AN EXISTING GARAGE AND THE CONSTRUCTION OF A LOWER LEVEL
ADDITION TO SAID GARAGE IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT
AND SD-SHORELAND DISTRICT AT 3106 FAIRVIEW ROAD.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
I. Thomas W. Borger has applied for a variance from Section 4.2 of the Zoaing
Ordinance in order to permit relocation of an existing garage and construction of a lower
level addition to said garage house on property located in the RI-Suburban Residential
and SD-Shoreland districts at the followirig location, to wit;
3106 Fairview Road, legally described as follows;
Lot 16, Fairview Beach, Scott County, Mirmesota
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9528 and held a hearing thereon on September 11, 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 EQLAL OPPORTUNIW EMPLOYER
File No. VA95-28
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 tree and correct copy of the original.
Resolution 9527PC
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on file in the office of the City Planner, City of Prior Lake. f
/
Frank B/oS~les /
City,.~
Dated this ~'day of(~./~_~/~PT.~-~, 1995.
(City .Seal).
16200 [rll~ig4"131'i~k Ave. S.E.· Prior Lake. Minnesota S5~72-1714 / 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 the narrowness of the lot; its tapering shape;
the slope from the roadway to the lakeshore side of the subject property. In
addition the Board of Adjustment noted that the applicant's proposal will bring
the side yard setbacks for the garage into conformance and will reduce the
existing front yard setback nonconformity.
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 VA95-28 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 an 18 foot front yard setback on the Southwest.
Adopted by the Board of Adjustment on September 1 I, 1995.