HomeMy WebLinkAbout96-34PCRESOLUTION 96-34PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A 59.23 FOOT
SETBACK FROM THE CENTERLINE OF NORTHWOOD ROAD INSTEAD OF
THE REQUIRED 85 FEET AND A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 19.68 FEET FROM CENTER ROAD RATHER THAN THE
MINIMUM REQUIREMENT OF 25 FEET AND A VARIANCE TO PERMIT
IMPERVIOUS SURFACE OF 31.6 PERCENT INSTEAD OF THE REQUIRED
MAXIMUM 30 PERCENT FOR A PROPOSED SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Julie and Paul Yttreness have applied for variances from Section 4.1 K, 4.2, and 9.3
B of the Zoning Ordinance in order to permit the construction of a single family
dwelling with attached garage and deck on property located in the R-1 (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
2818 Center Road SW, legally described as Lot 4, Block 22, Spring Lake
Townsite
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-086 and held hearings thereon on September 23, 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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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,
the fact that the property was platted prior to the incorporation of the city.
The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure without variances.
The contents of Planning Case 96-086 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 variances 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 for the proposed single family dwelling with attached
garage and deck;
1. A variance permitting a 59.23 foot setback from the centerline of Northwood Road
instead of the required 85 foot setback.
2. A variance permitting a 19.68 foot front yard setback from Center Road instead of the
required setback of 25 feet.
3. A variance permitting total impervious surface coverage to be 31.6 percent of the total
lot area instead of the maximum allowed 30 percent impervious lot coverage.
These variances are 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 23, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
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