HomeMy WebLinkAbout96-13PCRESOLUTION 9613PC
A RESOLUTION GRANTING A 25 FOOT VARIANCE TO PERMIT A FRONT
YARD SETBACK OF 60 FEET INSTEAD OF THE REQUIRED 85 FEET FROM THE
CENTERLINE OF COUNTY ROAD 12, AND A 14 FOOT VARIANCE TO PERMIT
A REAR YARD SETBACK OF 11 FEET INSTEAD OF THE REQUIRED 25 FEET,
TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY HOUSE WITH
ATTACHED, 2-CAR GARAGE ON PROPERTY LOCATED AT 3044 SPRING LAKE
ROAD, LEGALLY DESCRIBED AS LOT 7, AND THE WEST HALF OF LOT 6,
SPRING LAKE VILLAGE, SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Michael Leitchman has applied for variances from Sections 4 of the Zoning
Ordinance in order to permit the construction of a single family house with an
attached, 2-car garage on property located in the Ri-Suburban Residential and
SD-Shoreland Districts at the following location, to wit;
3044 Spring Lake Road, legally described as Lot 7 and the West half of
Lot 6, Block 33, SPRING LAKE VILLAGE, Scott County, Minnesota.
The Board of Adjustment has reviewed the application for variance as contained
in Case 96-032VA and held a hearing thereon on May 13, 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 variances
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 F~!~(f.l!~[~r~ve. S.E, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The special conditions applying to the subject property are unique to such
property, and do not g~nerally 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 the severe impact of the setback from Spring
Lake Road/Co. Rd. 12 on the available buildable area.
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 applicant, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case 96-032 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 fi.om 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;
1. A 25 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 60
FEET INSTEAD OF THE REQUIRED 85 FEET FROM THE
CENTERLINE OF COUNTY ROAD 12,
2. AND A 14 FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF
11 FEET INSTEAD OF THE REQUIRED 25 FEET
3.
Adopted by the Board of Adjustment on May 13, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director
9613PC.DOC/CC 2