HomeMy WebLinkAbout96-35PCRESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET FOR A PROPOSED GARAGE
AND RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Ptior Lake, Minnesota;
FINDINGS
1. Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing 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;
16520 Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from
said Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
rtmning thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West half
of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County, MN.
The Board of Adjustment has reviewed the application for variance as contained in
Case #96-098 and held heatings thereon on October 28, 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,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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,
the fact that the property was platted prior to the incorporation of the city.
4
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 proposed
addition without this variance.
The contents of Planning Case 96-098 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 this variance 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 variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback from the Inguadona Beach Circle instead of
the required 25 foot 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 October 28, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
1:\96var\96-098va\res9635 .doc 2
AMENDED RESOLUTION 96-35PC
A RESOLUTION GRANTING A VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 18 FEET FROM INGUADONA BEACH CIRCLE RATHER THAN
THE MINIMUM REQUIREMENT OF 25 FEET AND A 2 FOOT SIDE YARD
SETBACK VARIANCE TO PERMIT A SIDE YARD SETBACK OF 8 FEET
RATHER THAN THE REQUIRED 10 FEET FOR A PROPOSED GARAGE AND
RESIDENTIAL ADDITION TO SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Dave Yearling and Karlynn Benson have applied for a variance from Section 4.2 of
the Zoning Ordinance in order to permit the construction of a garage and living area
addition to existing 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;
Inguadona Beach Circle, legally described as Lot 13, EXCEPTING from said
Lot 13 the following: Starting at the Southeast comer of said Lot 13 and
running thence Northerly along the East line of said Lot 15 feet; thence
Northwesterly to the Southwest comer of said Lot; and thence Southeasterly
along the South line of said Lot 13 to the place of beginning; AND the West
half of Lot 15, AND all of Lot 14; INGUADONA BEACH, Scott County,
MN.
The Board of Adjustment has reviewed the application for variance as contained in
Case //96-098 and held heatings thereon on October 28, 1996, and on January 12,
1998.
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,
l:\96files\96var\96-098va\rs9635am, doc
16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372 1714 / Pr. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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,
the fact that the property was platted prior to the incorporation of the city.
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 proposed
addition without this variance.
The contents of Planning Case 96-098 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 this variance 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 variance for the proposed residential addition with garage;
1. A variance permitting a 18 foot setback fi.om the Inguadona Beach Circle instead of
the required 25 foot setback.
2. A 2 foot side yard setback variance permitting a side yard setback of 8 feet rather than
the required side yard setback of 10 feet.
This variance is granted with the following terms and conditions;
The improvements shall be constructed in accordance with the site plan
submitted by the applicant, and attached hereto as Exhibit A, as amended on
January 12, 1998.
Adopted by the Board of Adjustment on October 28, 1996.
Amended by the Board of Adjustment on January 12, 1998.
Tony Stamson, Chair
l:\96files\96var\96-098va~rs9635 am.doc 2
ATTEST:
Donald R. Rye, Planning Director
l:\96files\96var\96-098va~rs9635 am.doc 3
RESOLUTION 96-35
RESOLUTION ADOPTING OF THE PRIOR LAKE CITY
APPROVING THE SCHEMATIC PUD FOR PHEASANT MEADOW.
MOTION BY: SECOND BY:
COUNCIL
WHEREAS: the Prior Lake City Council considered the request of Williams Development LLC
for Schematic PUD approval on April 1, 1996; and
WHEREAS:
the Prior Lake Planning Commission conducted a public hearing on February 26,
and March 25, 1996 to consider the application from Williams Development LLC,
for Schematic PUD for Pheasant Meadow; and
WHEREAS: notice of the public hearing on said Schematic PUD was duly published in
accordance with applicable Prior Lake Ordinances; and
WHEREAS:
the Planning Commission afforded all persons interested in this issue the
opportunity to present their views and objections related to the Schematic PUD of
Pheasant Meadow; and
WHEREAS: the City Council finds the Schematic PUD is consistent with the Comprehensive
Plan; and
WHEREAS: the City Council finds the Schematic PUD of Pheasant Meadow in harmony with
both existing and proposed development in the area surrounding the project; and
WHEREAS:
the City Council finds the proposed Schematic PUD of Pheasant Meadow is
compatible with the stated purposes and intent of the PUD section of the Zoning
Ordinance; and
WHEREAS:
the City Council finds the proposed Schematic PUD of Pheasant Meadow
adequately provides for internal organization, uses, appropriate densities,
circulation, parking facilities, public facilities, recreation areas and open space.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA, that it hereby approves the Schematic PUD for Pheasant Meadow subject to
the following:
3.
4.
5.
6.
Subject to installation of Balsam Street from Pheasant Meadow Lane to the eastern terminus
of Balsam Street located within the plat of Sunset Hills Addition.
Approve the Schematic PUD Plan Map for Pheasant Meadow 12-21-95.
Approve the cluster, townhome development consisting of 48 townhome units.
Rezone the 12.5 acre subject site from R-l, Suburban Residential to PUD 3-96.
No minimum setback standard from the units to the platted lot line of all proposed lots.
The following zoning standards shall apply to the PUD of Pheasant Meadow:
CC R. Michael Leek
4.5 4.15
Required Open Space 20% Proposed Open Space 51.8%
the unit.
MOTION BY: SECOND BY:
Passed and adopted this 1st day of April, 1996.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
{Se~}
City Manager
City of Prior Lake
cc R. Michael Leek