HomeMy WebLinkAbout96-24PCRESOLUTION 9624PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A LAKE SHORE
SETBACK OF 40 FEET INSTEAD OF THE REQUIRED 75 FEET TO PERMIT
1) THE REMOVAL OF A PORTION OF THE EXISTING HOUSE WITH A
LAKESHORE SETBACK OF APPROXIMATELY 37 FEET AND THE
CONSTRUCTION OF A 7' BY 14' ADDITION; AND 2) THE CONSTRUCTION
OF A 22' BY 32' DETACHED GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Thomas Mansk has applied for a variance from Section 9.3 (A,2) of the Zoning
Ordinance in order to permit the construction of a 7' by 14' addition to a single
family dwelling and the construction of a 22' by 32' detached garage on property
located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
14840 Oakland Beach Avenue, legally described as Tract A, Registered Land
Survey No. 97, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-035 and held heatings 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 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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~7-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 Board of
Adjustment relied upon are its 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 application of the required setbacks leave no legal buildable area.
The contents of Planning Case 96-035 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 these variances 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;
1. A variance to permit a 7' by 14' addition to the south side of the existing house which
will be located 40' from the Ordinary High Water Mark instead of the required 75
feet. The construction of this addition involves the removal of a portion of the house
which is setback 37' from the lakeshore.
2. A variance to permit the construction of a 22' by 32' detached garage which will be
setback 40' from the Ordinary High Water Mark instead of the required 75 feet.
These variances are granted with the following terms and conditions;
1. The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A.
Adopted by the Board of Adjustment on July 22, 1996.
ATTEST:
Richard Kuykendall, Chair
Donald R. Rye, Planning Director