HomeMy WebLinkAbout96-25PCRESOLUTION 9625PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 21 FEET INSTEAD OF THE REQUIRED 25 FEET TO ALLOW
THE CONSTRUCTION OF A 3-UNIT TOWNHOUSE BUILDING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Eagle Creak Villas has applied for a variance from Section 4.2 of the Zoning
Ordinance in order to permit the construction of a 3-unit townhouse on property
located in the R-2 (Urban Residential) District at the following location, to wit;
4170-4176 CJ Circle, legally described as Lots 1-4, Block 4, Second Addition
to Lakeside Estates
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-067 and held heatings thereon on August 12, 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.
A unique circumstance applicable to this property is the fact that the existing
subdivision plat includes the building envelope. The plat was approved and recorded
prior to 1983, the effective date of the current Zoning Ordinance. If the building is
moved or realigned, it will not fit into the existing "envelope".
1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 96-067 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 3-unit townhouse which will have a 21' front yard setback
instead of the required 25' setback.
This variance is 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 August 12, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director