HomeMy WebLinkAbout95-03PC 3845 Green Heights Trail Southwest Zoning Permit Deck
RESOLUTION 95-03PC
A RESOLUTION GRANTING VARIANCES IN SIDE YARD SETBACK. FRONT YARD SETBACK.
AND IMPERVIOUS SURFACE REQUIREMENTS IN SECTIONS 5-4.1 AND 5-8-3 (A) OF THE
ORDINANCE CODE RELATING TO ZONING TO PERMIT RECONSTRUCTION OF A DECK IN
THE R-l RESIDENCE DISTRICT AND SD SHORELAND DISTRICT AT 3845 GREEN HEIGHTS
TRAIL SOUTHWEST.
BE IT RESOLVED BY Ule Board of Adjustment of the City of Prior Lake. Minnesota:
FINDINGS
1. Carter Don Narveson has applied for variances from Sections 5-4.1. 5-8.3 (A) and 5-5-2 (A) 3 of
the Ordinance Code relating to Zoning to pennit the reconstruction of a deck and to allow certain
improvcmcnts on the property to remain for property located in the Rl Residence District and SO
Shoreland District at thc following location. to-wit:
Lot 13. Grccn Heights. Scott County. Minnesota.
2. The Board of Adjustment has reviewed the Application for Variance as contained in Case #VA
95-01.
3. Thc 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.
dangcr of fire. risk to the public safety. the effect on values of property in the surrounding area
and the effect of Ule proposed variance upon the Comprehensive Plan.
4. Because of conditions on the suhject property and on the surrounding property. it is possible to
use the subject property in sucb a way that the proposed variances will not impair an adequate
supply of light and air to adjacent property. unreasonably increase the congestion in the public
streets, increase the danger of fire. and danger the public safety. unreasonably diminish or impair
health. safety, comfort, morals, or in any other respect be contrary to the Zoning Ordinance and
t he Com prehensi ve PI an.
5. The special conditions applying to the structure are land in question or peculiar to such property
Of immediately adjoining property and do not apply generally to other land or structures in the
district in which such land is located.
6. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. It will not merely serve as a convenience to the applicant but is
necessary to alleviate demonstrable hardship or difficulty.
7. The contents of Planning case file VA 95-01 are hereby entered into and made part of the publie
record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance Code
thesc variances shall be deemed to be be abandon and shall be null and void one year from the
date of approval if the holder of the variance has failed to obtain any necessary, required or
appropriate pennils for the completion of the contemplated improvement.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above. the Board of Adjustment hereby grants and approves the
following variances:
I. Variance to permit the deck in the east side yard having a setback of 5.57 feet instead of the
required 10 feet.
2. A deck in the north front yard having a setback of 16.65 feet instead of the required 25 feet.
3. Allowing a total impervious surface coverage on the property of 50% instead of the maximum of
30%.
CONDITIONS
Approval of this variance is conditional upon the removal of the carport and concrete slab on the west
side of the garage.
Adopted by the Board of Adjustment on February 13. 1995.
l;j1 ~~~~
Thomas onhof, C
ATTEST:
~ A
I {;fA, JY
Donal R. Rye ~
Planning Director