HomeMy WebLinkAbout95-11PC 17372 Sunset Trail SW VariancesRESOLUTION 9511PC
A RESOLUTION GRANTiNG A VARIANCES FROM THE MINIMUM SIDE YARD
SETBACK REQUIREMENTS TO PERMIT A SETBACK OF 7.6 FEET INSTEAD OF
THE REQUIRED 10 FOR CONSTRUCTION OF A DECK ADDITION TO AN
EXISTING RESIDENCE IN THE R-1 SUBURBAN RESIDENTIAL DISTRICT AND
SD-SHORELAND DISTRICT AT 17372 SUNSET TRAIL SW.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Michael G. Snodgrass has applied for a variance from Section 4.2 of the Zoning
Ordinance in order to permit construction of a deck addition to an existing
residence on property located in the RI-Suburban Residential and SD-Shoreland
districts at the following location, to wit;
Lot 29, FAIRVIEW BEACH, Scott County, Minnesota.
The Board of Adjustment has reviewed the Application for Variance as contained
in Case #VA9517, and held a heating thereon on May 22, 1995.
The Board of Adjustment has considered the effect of the proposed variances
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.
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
16200 lt~(lf,~cc.5S!l?,q~rior Lake, Minnesota 55372-1714 / Ph. (612) 447 4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Board of Adjustment relied upon are 1) its substandard size and width, 2) that it
was platted prior to its annexation into the City of Prior Lake and 3) that the
proposed deck would provide adequate separation from the adjacent property, and
4) the deck would be accessed from an existing second-story door which poses a
potential hazard.
The granting of the variances is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case VA95-18 are hereby entered into and made apart
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 variances:
1. A variance to permit a side yard setback of 7.6 feet instead of the required 10 feet.
Adopted by the Board of Adjustment on May 22, 1995.
ATTEST:
Thomas Vonhof, Chair
Donald R. Rye
Planning Director
RESOLUTION 95-11 PC 2