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HomeMy WebLinkAbout96-03PCRESOLUTION 96-03PC A RESOLUTION GRANTING VARIANCES TO PERMIT A SIDE YARD SETBACK OF 4.5 FEET ON THE WEST AND A SIDE YARD SETBACK OF 5.5 FEET ON THE EAST INSTEAD OF THE REQUIRED l0 FEET TO PERMIT AN ADDITION TO AN EXISTING RESIDENCE ON PROPERTY LOCATED IN THE R1 -URBAN RESIDENTIAL ZONING DISTRICT AND SD-SHORELAND DISTRICT AT 3508 SYCAMORE TRAIL. BE IT RESOLVED BY the Board of Adjustment of the City of Pr/or Lake, Minnesota; FINDINGS 1. William B. And Ellen M. Hackett have applied for variances from Section 4 of the Zoning Ordinance in order to permit an addition to an existing residence on property located in the Ri-Urban Residential zoning district and the SD-Shoreland District at the following location, to wit; 3508 Sycamore Trail, legally described as Lot 1, MAPLEWOOD, Scott County, Minnesota. The Board of Adjustment has reviewed the application for variance as contained in Case #VA95-44 and held a hearing thereon on January 8, 1996. 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 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. 16200 L~gq~'g~'gk,t4~. S.E.. Prior Lake. Minnesota 55372-17!4 / Ph (612) 447-4230 / Fax (612) 447 4245 ,AN EQUAL OPPORTf_',[T'r EMPLOYER 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 Board of Adjustment relied upon are its extreme narrowness (the property is 35 feet wide) and its severe slope to the Prior Lake. The granting of the variances is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances w/il not serve merely as a convenience to the applicants, but is necessary to alleviate demonstrable hardship. The contents of Planning Case VA95~44 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 improvements. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby grants and approves the following variances; A side yard setback of 4.5 feet on the West and a side yard setback of 5.5 feet on the East instead of the required 10 feet. These variances are granted with the following terms and conditions; Impervious surface coverage after completion of the improvements which are the subject of these variances shall not exceed the current impervious surface coverage of 34.87%. Adopted by the Board of Adjustment on January 22, I99& ATTEST: Richard Kuykendali, Chair Donald R. Rye, Plarming Director 96-03 PC.DOC/ILML 2