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HomeMy WebLinkAbout96-11PCRESOLUTION 9611PC A RESOLUTION GRANTING THE FOLLOWING VARIANCES; 1. A 2,302 SQUARE FOOT VARIANCE TO PERMIT A LOT AREA OF 5,198 SQU.AP,.E FEET INSTEAD OF THE REQUIRED 7,500 SQUARE FEET; 2. A 7% VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 37% INSTEAD OF THE PERMITTED 30%; 3. A 9.25 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A SETBACK OF 15.75 FEET INSTEAD OF THE REQUIRED 25 FEET; 4. AND A 2 FOOT VARIANCE ON THE WEST TO PERMIT A SIDE YARD SETBACK OF 8 FEET INSTEAD OF THE REQUIRED 10 FEET; ALL RELATED TO THE CONSTRUCTION OF A NEW HOUSE ON PROPERTY LOCATED AT 16500 INGUADONA BEACH CIRCLE, LEGALLY DESCRIBED AS LOT 18, INGUADONA BEACH, SCOTT COUNTY, MINNESOTA. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS Gene and Coleen Tremaine have applied for variances from Sections 4 and 9 of the Zoning Ordinance in order to permit the construction of a new house with attached garage on property located in the R1 -Urb.an Residential and SD- Shoreland Districts at the following location, to wit; 16500 Inguadona Beach, legally described as Lot 18, Inguadona Beach, Scott County, Minnesota. The Board of Adjustment has reviewed the application for variance as contained in Case 96-017VA 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 cormmunity, 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. 16200 L~kl~cr~ek'nAve. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQCAL OPPORTUblTY EMPLOYER 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, un_reasonably 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 wi'rich the Board of Adjustment relied upon are; 1) its small size, 2) its narrowness, 3) the association property adjacent to the subject site functions as if it were a part of the subject site for purposes of impervious surface coverage. 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 96-017A 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 pen-nits 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; 1. A 2,302 SQUAILE FOOT VARIANCE TO PERMIT A LOT AREA OF 5,198 SQUARE FEET INSTEAD OF THE REQUIRED 7,500 SQUARE FEET; 2. A 7% VARIANCE TO PER,MIT IMPERVIOUS SURFACE COVERAGE OF 37% INSTEAD OF THE PERMITTED 30%; 3. A 9.25 FOOT FRONT YARD SETBACK VARIANCE TO PERMIT A SETBACK OF 15.75 FEET INSTEAD OF THE REQUIRED 25 FEET; 4. AND A 2 FOOT VAR/ANCE ON THE WEST TO PERMIT A SIDE YAR/) SETBACK OF 8 FEET INSTEAD OF THE REQUIRED 10 FEET; Adopted by the Board of Adjustment on April 8, 1996. 961 I.DOC/KML 2