HomeMy WebLinkAbout96-31PCRESOLUTION 96-31PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A 53' SETBACK
FROM THE CENTERLINE OF COUNTY ROAD 81 INSTEAD OF THE
REQUIRED 85 FEET TO ALLOW THE CONSTRUCTION OF A DETACHED
GARAGE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Adrian and Robyn Porter have applied for a variance from Section 4.1 K of the
Zoning Ordinance in order to permit the construction of a detached garage on
property located in the R-1 (Suburban Residential) District and the SD (Shoreland
Overlay) District at the following location, to wit;
3019 Fairview Road SW, legally described as Lot 27, Fairview Beach
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-080 and held heatings thereon on September 9, 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.
The unique cimumstances applicable to this property include the substandard lot size,
the fact that the southern portion of the lot slopes away from the County road, and the
location of the existing dwelling.
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 factors listed above do not allow for an alternative location of the garage without
variances.
The contents of Planning Case 96-080 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 detached garage which will have a 53' setback from the
centerline of County Road 81 instead of the required 85' 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 September 9, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
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