HomeMy WebLinkAbout96-08PCRESOLUTION 9608PC
A RESOLUTION GRANTING AN 80 FOOT VARIANCE TO PERMIT A
LAKESHORE SETBACK OF 70 FEET INSTEAD OF THE REQUIRED 150 FEET TO
PERMIT THE CONSTRUCTION OF A 22' X 26', DETACHED GARAGE ON
PROPERTY LOCATED IN THE Al-AGRICULTURAL ZONING DISTRICT AND
SD-SHORELAND DISTRICT AT 15220 HOWARD LAKE ROAD NW.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
John Schiffrnan has applied for a variance from Section 9 of the Zoning
Ordinance in order to permit the construction ora 22' x 26', detached garage on
property located in the Al-Agricultural zoning district and the SD-Shoreland
District at the following location, to wit;
15220 Howard Lake Road NW., legally described as Lot 2, Block 1,
Howard Lake Estates, Scott County, Minnesota.
The Board of Adjustment has reviewed the application for variance as contained
in Case 96-015VA 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 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.
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 F~fl~ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Board of Adjustment relied upon are the fact that the property is surrounded on
the South by Howard Lake and on the North by a large pond; that other areas of
the property involve steep slopes.
The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as
a convenience to the applicants, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case 96-015VA 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,
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 variance;
An 80 foot variance to permit a 70 foot lakeshore setback instead of the
required 150 feet.
Adopted by the Board of Adjustment on March 25, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director
9608PC.DOC/CC .2