HomeMy WebLinkAbout96-07PCRESOLUTION 9607PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A SIDE YARD SETBACK
ON THE EAST OF 5 FEET INSTEAD OF THE REQUIRED 10 FEET TO PERMIT A 5
FOOT GARAGE ADDITION TO AN EXISTING RESIDENCE ON PROPERTY
LOCATED IN THE RI-URBAN RESIDENTIAL ZONING DISTRICT AND SD-
SHORELAND DISTRICT AT 3814 GREEN HEIGHTS TRAIL.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Richard and Julie Warner have applied for a variance from Section 4 of the
Zoning Ordinance in order to permit an addition to an existing, 1-car attached
garage on property located in the RI-Urban Residential zoning district and the
SD-Shoreland District at the following location, to wit;
3814 Green Heights Trail, legally described as Lot 5 and the West 25 feet
of Lot 6, GREEN HEIGHTS, Scott County, Minnesota.'
The Board of Adjustment has reviewed the application for variance as contained
in Case 96-020VA and held a hearing thereon on March 25, 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 tile surrounding area mid 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 llght 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 Comprehensix;e 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 ~'~$(~i~k~'~re. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~17-4245
AN EQUAL OPPORTUNITY EMPLOYER
land is located. Among the conditions applying to the subject property which the
Board of Adjustment relied upon are its narrowness and the fact that alternatives
are'foreclosed because of development decisions made prior to the property
becoming a part of Prior Lake.
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 applicants, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case 96-020VA 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 the variance will be deemed to be abandoned,
mad 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 5 foot variance to permit a 5 Ibot side yard setback on the East instead of the
required 10 feet.
Adopted by the Board of Adjustment on March 25, 1996.
[an~g Director
~cha~d Kuyl~encl~l, Chair
9607PC.DOC/RML
File No. 96-020 Variance
STATE OF MINNESOTA)
COUNTY OF SCOTT
The undersigned, duly qualified and City Manager of the City of Prior Lake, hereby
certifies the attached hereto is a tree and correct copy of the original.
Resolution 96-07PC
on file in the office of the City Planner~ty o~ 7~/
F.r. anl~_ ~a~les
City~,~/
Dated this ~'lnday of ~.,{/1/11~ , 1996.
374839
16200 t~1[°~ Ave. S.E., Prior Lake, Minnesota ~'72-1714 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER