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HomeMy WebLinkAbout95-13PC 14897 Manitou Road NE VarianceRESOLUTION 9513PC A RESOLUTION GRANTING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK REQUIREMENTS TO PERMIT A SETBACK OF 17 FEET INSTEAD OF THE REQUIRED 25 FEET FOR CONSTRUCTION OF A GARAGE ADDITION TO AN EXISTING RESIDENCE AND GARAGE IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT AND SD-SHORELAND DISTRICT AT 14897 MANITOU ROAD NE. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS Hew R. Cooper has applied for a variance from Section 4.2 of the Zoning Ordinance in order to permit construction of a garage addition to an existing residence and garage on property located in the RI-Suburban Residential and SD- Shoreland districts at the following location, to wit; Lot 11, Kopp's Bay 2nd Addition, Scott County, Minnesota. The Board of Adjustment has reviewed the Application for Variance as contained in Case #VA9519, 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~CIf~c~.5~g~.P,Q~rior Lake~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4J[7-4245 AN EQUAL OPPORTUNITY EMPLOYER land is located. Among the conditions applying to the subject property which the Board of Adjustment relied upon are the steep slopes to the northeast and southeast, and the slopes and existing mature trees on the northwest of the property 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 VA95-19 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: 1. A variance to permit a front yard setback of 17 feet instead of the required 25 feet. Adopted by the Board of Adjustment on June 12, 1995. ATTEST: Thomas Vonhof, Chair Donald R. Rye Planning Director RESOLUTION 95-13PC 2