HomeMy WebLinkAbout95-14PC 5432 Fairlawn VarianceRESOLUTION 9514PC
A RESOLUTION GRANTING A VARIANCE FROM THE MAXIMUM
IMPERVIOUS SURFACE COVERAGE TO PERMIT 35% COVERAGE RATHER
THAN THE PERMITTED 30% COVERAGE TO ALLOW THE COVERING OF AN
EXISTING DECK ON AN EXISTING RESIDENCE IN THE R-1 SUBURBAN
RESIDENTIAL DISTRICT AND SD-SHORELAND DISTRICT AT 5432 FAIR_LAWN
SHORES TRAIL SE.
BE IT RESOLVED By the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
David and Shirley Gengler have applied for a variance from Section 4.2 of the
Zoning Ordinance in order to permit construction of a roof over an existing
deck on property located in the RI-Suburban Residential and SD-Shoreland
districts at the following location, to wit;
Lot 6, Fairlawn Shores, Scott County, Minnesota.
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9516, and held a hearing thereon on June 12, 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 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.
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
16200 [l~Ll~C~5Fr41~.P,q:>rior Lake, Minnesota 55372-1714 / Ph. (612) 447 4230 / Fax (612) 4J17-4245
AN EQUAL OPPORTUNITY EMPLOYER
land is located. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are the substandard width and area of the lot,
and the fact that the lot was platted in 1923 long before it was incorporated into
the City of Prior Lake.
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 VA95-16 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 variance 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 a impervious surface coverage of 35% instead the maximum
permitted coverage of 30%.
Adopted by the Board of AdjusWnent on June 12, 1995.
ATTEST:
Thomas Vonhof, Chair
Donald R. Rye
Planning Director
RESOLUTION 95-14PC 2