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HomeMy WebLinkAbout95-16PC 16561 Spring Avenue SW Impervious Surface VarianceRESOLUTION 9516PC A RESOLUTION GRANTING A 5% IMPERVIOUS SURFACE COVERAGE VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 40% INSTEAD OF THE MAXIMUM PERMITTED COVERAGE OF 30% FOR CONVERSION OF A DECK INTO A 3-SEASON PORCH ON PROPERTY IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT AND SD-SHORELAND DISTRICT AT 16561 SPRING AVENUE SW. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS Steven and Susan Burdick have applied for a variance from Section 9.3 of the Zoning Ordinance in order to permit enclosure of a deck to create a 3-season porch on property located in the RI-Suburban Residential and SD-Shoreland districts at the following location, to wit; A 500 foot strip in Outlot 1 of Green Heights 1st Addition, lying northerly and adjacent to lots 17 and 18, Scott County, Minnesota. The Board of Adjustment has reviewed the Application for Variance as contained in Case #VA95-22, and held a hearing thereon on June 26, 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 tim, 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 variance 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. RESOLUTION 95-16PC I 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 substandard size and width resulting from its being platted under the jurisdiction of Spring Lake Township. The granting of the variance 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 VA95-22 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 these 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 variance: A variance to permit impervious surface coverage of 40% instead of the maximum permitted 30%. Adopted by the Board of Adjustment on June 26, 1995. ATTEST: Thomas Vonhof, Chair Donald R. Rye Planning Director RESOLUTION 95-16PC 2