HomeMy WebLinkAbout96-26PCRESOLUTION 9626PC
A RESOLUTION DENYING A VARIANCE TO PERMIT A LAKE SHORE
SETBACK OF 0 FEET INSTEAD OF THE REQUIRED 75 FEET TO ALLOW
THE CONSTRUCTION OF A DECK ADDITION TO AN EXISTING
DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Maris Stoleer has applied for a variance from Section 9.2 (B, 3) and 9.3 (A,2) of the
Zoning Ordinance in order to permit the construction of a 10' by 20' 7" deck addition
to an existing dwelling on property located in the R-1 (Suburban Residential) District
and the SD (Shoreland Overlay) District at the following location, to wit;
5395 Shore Trail NE, legally described as Lots 2, Block 2, North Shore Crest
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-068 and held hearings 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.
The request does not meet the Ordinance criteria in that reasonable use of the property
can be obtained if the ordinance is literally applied, and legal alternatives exist for the
placement of a deck without a variance.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance would serve merely as a
convenience to the applicant, but is not necessary to alleviate demonstrable hardship.
6. The contents of Planning Case 96-068 are hereby entered into and made a part of the
public record and the record of decision for this case.
16200 F:~8~t~t~:I&.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447 4230 / Fax (612) ~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance to allow a deck addition to be located 0' from the ordinary high water
level.
Adopted by the Board &Adjustment on August 12, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
96-068va~res9626.doc 2