HomeMy WebLinkAbout95-20PC 15609 Calmut Avenue Variance
RESOLUTION 9520PC
A RESOLUTION GRANTING A FRONT YARD SETBACK VARIANCE TO PERMIT
A 21 FOOT SETBACK ON THE NORTH AND 23 FOOT SETBACK ON THE SOUTH
INSTEAD OF THE REQUIRED 25 FEET, AND A VARIANCE FROM THE
LAKESHORE SETBACK TO PERMIT A LAKESHORE SETBACK OF 25 FEET
INSTEAD OF THE REQUIRED 75 FEET, TO ALLOW THE CONSTRUCTION OF A
MASTER BEDROOM, GARAGE AND PORCH ADDITION TO AN EXISTING
HOUSE IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT AND SD-
SHORELAND DISTRICT AT 15609 CALMUT AVENUE.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert C. And Shirley Thielen have applied for variances from Section 4.2 and
Section 9 of the Zoning Ordinance in order to permit construction of a master bedroom,
garage and porch addition to an existing house on property located in the R1-Suburban
Residential and SD-Shoreland districts at the following location, to wit;
15609 Calmut Avenue, legally described as follows;
The North 42.87 feet of Lot 1, "North Grainwood," and the South 37.13
feet of Lot 2, "North Grainwood," Scott County, Minnesota
2. The Board of Adjustment has reviewed the Application for Variance as contained
in Case #V A9524 and held a hearing thereon on August 14, 1995.
3. 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.
4. 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,
16200 ~liQ!;.,IJH~~5s12P,CPrior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4,b-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
5. 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 as measured
between the front lot line and the lakeshore, the existing setbacks established on
the property and the slope of the property to the lakeshore and the time at which
the lot was platted.
6. 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.
7. The contents of Planning Case V A95-24 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 ofthe 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. Variances to permit a 21 foot front yard setback on the North, and a 23 foot front
yard setback on the South.
2. A 50 foot variance to permit a lakeshore setback of25 feet instead of the required
75 feet.
These variances are granted under the following terms and conditions;
A. The 3 easterly parcels and abandoned railroad parcel be combined,
evidence of that combination be provided to the City, and an encumbrance
be placed on the resulting property preventing sale or transfer of the 2 20-
foot strips. All this should be completed before issuance of a building
permit.
B. Removal of the portion of the existing driveway West of the proposed
garage.
RESOLUTION 95-20PC 2
Adopted by the Board of Adjustment on August 14, 1995.
Thomas V onhof, Chair
ATTEST:
Donald R. Rye
Planning Director
RESOLUTION 95-20PC
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