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RESOLUTION 95.04PC
A RESOLUTION DENYING CERTAIN VARIANCES CONTAINED IN THE APPLICATION OF
CARTER DON NARVESON FOR VARIANCES UNDER SECTIONS 5-4.1, 5-8-3 (A), AND 5-5-2 (2)
A3 OF THE PRIOR LAKE ORDINANCE CODE RELATING TO ZONING FOR PROPERTY
LOCATED IN THE Rl RESIDENCE DISTRICT AT 3845 GREEN HEIGHTS TRAIL SOUTHWEST.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota that the Prior Lake
Board of Adjustment hereby makes the following:
FINDINGS
I. On December 8, 1994, Carter Narveson filed an application seeking variances to pemlit
the reconstruction of a deck, to pennit existing carports to remain and to allow a greater impervious
surface than pennitted by the Ordinance for property located in the Rl Residence District at 3845 Green
Heights Trail Southwest for the following legal description, to-wit:
Lot 13, Grecn Heights, Scott County, Minnesota.
2. On January 19, 1995, the Board of Adjustment held a hearing, received testimony from
the public, discussed the Application for Variance and subsequently continued thc public hearing until
February l3, 1995 to pemlit the applicant time to pursue the potential acquisition of abutting property.
3. On February 13, 1995, the Board of Adjustment held the continued hearing on the
application and found that the request did not satisfy the Ordinance requirements necessary for granting a
v ari ance.
4. The Board of Adjustment has considered the effect of the proposed variances upon the
health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect of the proposed variances upon the Comprehensive Plan
and hercby makes the following Findings:
a. The requested variances do not meet the requirements of Sections 5-6-6 (C) of the
Ordinance Code which are necessary to be met for the Board of Adjustment to grant
variances. Denial of these variances would not result in undue hardship with respect to
the property inasmuch as the owner may continue a reasonable use of the subject
property.
b. There are no circumstances unique to the property which result in an unnecessary
hardship. The property has had a reasonable use in the past and may continue to do so in
the future.
c, Thc rccord indicates that the variances in question are the result of actions of persons
presently having an interest in the property and are not caused by the provisions of this
title of the Ordinance Code.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
d. Granting these variances would be contrary to the spirit and intent of this title of the
Ordinance Code and would be contrary to the public interest.
5. The contents of Planning case file VA 95-01 are hereby entered into and made part of the
public record of decision for this case.
CONCLUSION
The application for the following variances is hereby denied based upon the Findings set forth above.
a. A west side yard setback for the deck of 5.74 feet.
b. A west side yard setback of 3 feet for the existing carport.
c. An east side yard setback of 8 feet for the existing carport.
d. An impervious surface coverage of 53%.
e. An accessory structure having area of 1,029.75 square feet.
Adopted by the Board of Adjustment on February 13, 1995.
Jim !M!,~
Thomas Vonhof, C lr
ATTEST:
!J (/J\ xt 1&
Donald R. Ry
Planning Dire tor