HomeMy WebLinkAbout96-27PCRESOLUTION 9627PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT THE
CONSTRUCTION OF A GARAGE AND DRIVEWAY ADDITION WHICH
RESULTS IN AN IMPERVIOUS SURFACE OF 34% INSTEAD OF THE
MAXIMUM 30 PERCENT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. David Smith has applied for a variance from Section 9.3 (B, 1) of the Zoning
Ordinance in order to permit the construction of a garage addition and driveway on
property located in the R-1 (Suburban Residential) District and the SD (Shoreland
Overlay) District at the following location, to wit;
2590 Spring Lake Road, legally described as Lots 27 and 28, Butternut Beach,
Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-071 and held hear/ngs 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
construction of a garage addition without a variance.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property fight 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 96-071 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
-q(~-076- 71 \re 96.~ ac27.d
16200 Eagle ~ree.~ Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) ~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
requested variance to allow a garage and driveway addition which would result in an
impervious surface of 34% instead of the maximum 30 percent.
Adopted by the Board of Adjustment on August 12, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
96-071vaVes9627.doc 2