HomeMy WebLinkAbout96-36PCRESOLUTION 96-36PC
A RESOLUTION GRANTING A 5 FOOT VARIANCE TO PERMIT A 20 FOOT
SETBACK FROM SHADY BEACH TRAIL INSTEAD OF THE REQUIRED 25
FEET AND A 35 FOOT VARIANCE TO PERMIT A 40 FOOT SETBACK FROM
THE OHWL (904 EL.) RATHER THAN THE 75 FEET REQUIRED FOR A
PROPOSED SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Northern Classic Homes (Scott Perkins) has applied for variances from the Zoning
Ordinance in order to permit the construction of a single family dwelling with
attached garage on property located in the R-1 (Suburban Residential) District and the
SD (Shoreland Overlay) District at the following location, to wit;
14488 Shady Beach Trail, legally described as Lot 9, Shady Beach No. 2
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #96-I 14 and held hearings thereon on November 25, 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,
the fact that the property was platted prior to the incorporation of the city.
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 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 96-114 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 5 foot variance permitting a 20 foot setback from the Shady Beach Trail instead of
the required 85 foot setback.
2. A 35 foot variance permitting a 40 foot setback from Ordinary High Water Level (904
El.} of Prior Lake instead of the required setback of 75 feet.
Adopted by the Board of Adjustment on November 25, 1996.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
l:\96var\96114va~res9636.doc 2
RESOLUTION 96-36
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
?RELIMINARY PLAT OF "PHEASANT MEADOW" SUBJECT TO THE
CONDITIONS OUTLINED HEREIN.
MOTION BY:
SECOND BY:
WHEREAS: the Prior Lake City Council considered an application for preliminary plat
approval of Pheasant Meadow on April 1, 1996; and
WItEREAS:
the Prior Lake Planning Commission conducted a public hearing on February
26, 1996 and March 25, 1996, to consider an application from Williams
Development LLC, for the preliminary plat of Pheasant Meadow; and
WHEREAS:
notice of the public hearing on said preliminary plat has been duly published
and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
WHEREAS:
the Planning Commission all persons interested in this issue were afforded the
opportunity to present their views and objections related to the preliminary plat
&Pheasant Meadow for the record; and
WHEREAS:
the City Council reviewed the preliminary plat according to the applicable
provisions of the Prior Lake Zoning and Subdivision Ordinances and found
said preliminary plat to be consistent with the provisions of said ordinances;
and
WHEREAS: the City Council finds the preliminary plat of Pheasant Meadow to be
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the preliminary plat of
Pheasant Meadow subject to the following conditions:
Approval of the Schematic and Prelinfmary PUD for Pheasant Meadow to allow a cluster, townhome
development.
2. Approval of Ordinance 96-10 establislfmg a PUD zone for Pheasant Meadow.
RS9636CC.DOC/CC I
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The preliminary plat shall be amended so there is no structure, (deck), encroachment into the setback areas
adjacent to the boundaries of the plat.
The landscape plan shall be amended to show the required irrigation system as per the Zoffarg Ordinance.
The landscape plan should be amended to add additional shrubs and ornamental trees around the entry
monument, and to provide for boulevard tree plantings.
A Tree Preservation Plan shall be submitted to the City in accordance with Section 6.16 of the Prior Lake
Zoning OrcFmance.
The developer shall submit a draft of the covenants and/or agreements as a condition of preliminary plat,
as required by the Subdivision Ordinance.
The developer shall provide the required covenants and easements for proposed entry monuments as
required by Sign Ordinance 94-6.
Per Ordinance 94-01, a minimum of 30' setback from the 100 Year Flood Elevation to all building pads
and house locations is required.
A 5' wide concrete sidewalk shall be constructed along the entire length of Pheasant Meadow Lane to the
end of the cul-de-sac and be connected to an 8' bituminous trail providing a pedestrian link to the east
edge of the plat. The specific trail location to be determined by staff.
A 5' wide concrete sidewalk shall be located on the south side of Spmce Road which should be
constructed with the installation of other streets in the PUD.
A 30' wide trail easement over the 8' bituminous trail shall be given to the City of Prior Lake at the time
of fmal plat.
The park requirement for the subdivision will be a cash dedication in lieu of land, the amount to be
determined at the time of fmal plat.
The developer should re-examine if the sanitary sewer line on Balsam Street would be deep enough to
serve this site. If the Balsam Street sewer line will not work, then the developer will need to construct the
sewer line in between the houses on Lots 3 and 4 of Sunset Hills as shown on the preliminary utility plans.
The name "Spruce" Road shall be changed to a street name which is not currently used in the City of Prior
Lake.
Balsam Street shall be connected to Meadow Lane as indicated by the alternative shown on the preliminary
plat. A sidewalk shall be constructed along Balsam Street, with the specific location to be determined by
City staff.
Dedication of 50' of fight-of-way for 170th Street on CSAH 12, shall be required at the time of £mal plat,
to accommodate the future upgmcFmg of this street to a two (2) lane urban design with bituminous trails.
Dedication of drainage and utility easements shall be required at the time of f'mal plat, over the southeast
stormwater pond and all sewer and water lines constructed outside of the dedicated right-of-way.
The developer shall be responsible for acquiring additional temporary and permanent drainage and utility
easements on Lots 3 and 4 of Block 5 of Sunset Hills Addition, prior to the construction of the 8" sanitary
sewer line proposed to be constructed along the common lot line in between these lots. The developer will
be responsible for all costs associated with obtaining these easements.
20. As shown on the preliminary utility plans, the sanitary sewer layout shall include an 8" sanitary sewer stub
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and an 8" watermain stub in Spruce Road to serve the future development to the east.
An 8" watermain shall be extended to the south plat line to serve possible future development to the south
of Highway 13.
Five complete full-size and one 11" x 17" set of the preliminary plat indicating all required changes
identified herein, shall be submitted to the Planning Deparlment prior to submission of a f'mal plat for the
development. Said full-size plan sheets shall be at the same scale as the f'mal plat.
The preliminary plat is valid for 12 months from the date of approval by the City Council. Failure to
submit the f'mal plat of the within the required time frame shall cause the preliminary plat to become null
and void.
Passed and adopted this 1st day of April, 1996.
YES NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenk
{Seal}
City Manager
City of Prior Lake
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