HomeMy WebLinkAbout96-32PCRESOLUTION 96-32PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A 63' SETBACK
FROM THE CENTERLINE OF COUNTY ROAD 12 INSTEAD OF THE
REQUIRED 85 FEET TO ALLOW THE CONSTRUCTION OF A SINGLE
FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Chad and Tina Pavek have applied for a variance from Section 4.1 K of the Zoning
Ordinance in order to permit the construction ora single family dwelling on property
located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
2610 Spring Lake Road, legally described as Lot 29, Butternut Beach
2. The Board of Adjustment has reviewed the application for variance as comained in
Case #96-082 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 circumstances applicable to this property include the substandard lot size
and the proximity to a wetland and a creek.
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 legal building envelope which results from the applicable setback is about 20'
wide.
The contents of Planning Case 96-082 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;
I. A variance to permit a single family dwelling which will have a 63' 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. A revised survey, meeting the conditions outlined in the memo from John
Wingard, Assistant City Engineer, dated September 4, 1996, must be
submitted for approval.
2. The improvements shall be constructed in accordance with the revised
certificate of survey submitted by the applicant and approved by the staff.
Adopted by the Board of Adjustment on September 9, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
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