HomeMy WebLinkAbout96-19PCA RESOLUTION GRANTiNG A 25 FOOT VARIANCE TO PERMIT THE
INSTALLATION OF 4 POLES HAVING A HEIGHT OF 60 FEET INSTEAD OF THE
PERMITTED 35 FEET AT THE SUBSTATION LOCATED ON PROPERTY
IDENTIFIED AS PART OF THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP.
115, RANGE 21, SCOTT COUNTY, MINNESOTA.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Cooperative Power Association has applied for a variance from Section 5 of the
Zoning Ordinance in order to permit the erection of 4 poles with a height of 60
feet at its substation located at the intersection of Timothy Avenue and Co. Rd.
42, in the RI-Suburban Residential at the following location, to wit;
THE NE 11/4, OF THE NE 1/4 OF SECTION 30, TWP. 115, RANGE 21,
SCOTT COUNTY, MINNESOTA.
The Board of Adjustment has reviewed the application for variance as contained
in Case 96-027VA and held a hearing thereon on May 13 and June 10, 1996.
The Board of Adjustment has considered the effect of the proposed variance
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 variance 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.
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, 1) that it
is used for the provision of an essential public service, 2) the site is relatively
small, thus limiting placement of the proposed poles.
16200 ~13~ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The granting of the variances is necessary for the preservation and enjoyment of a
substantial property fight of the applicant. The variance will not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
The contents of Planning Case 96-027 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 variances;
A 25 FOOT VARIANCE TO PERMIT THE INSTALLATION OF 4 POLES
HAV1NG A HEIGHT OF 60 FEET INSTEAD OF THE PERMITTED 35 FEET.
The variance is based on the following terms and conditions;
Installation and maintenance of the landscape plan as depicted on Exhibit
A.
Adopted by the Board of Adjustment on June 10, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director
9619PC.DOC/CC 2