HomeMy WebLinkAbout97-06PCRESOLUTION 97-06 PC
A RESOLUTION DENYING A 24 FOOT VARIANCE REQUEST TO PERMIT A
51 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK
OF PRIOR LAKE (904 EL.) RATHER THAN THE MINIMUM
REQUIREMENT OF 75 FEET FOR A PROPOSED PORCH AND DECK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
John Mahoney, on behalf of David Fong, has applied for a variance from Section
9.3A of the Zoning Ordinance in order to remove an existing deck and permit the
construction of a four season porch and deck on property located in the R-1
(Suburban Residential) District and the SD (Shoreland Overlay) District at the
following location, to wit;
15731 Highland Avenue, legally described as Lot 3, Block 4, Island View 1st
Addition, Scott County, MN
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-012 and held hearings thereon on February 24, 1997.
The Board of Adjustment has considered the effect of the proposed variance 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 surrotmding area and the effect of the proposed variance 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 meets the requirements of the
Zoning Ordinance and Comprehensive Plan.
3. There are no unique conditions applying to the subject property. Adjacent properties
are setback further, and legal alternatives exist.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will serve merely as a
convenience to the applicants and is not necessary to alleviate demonstrable hardship
as legal alternatives exist.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372 1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The contents of Planning Case 97-12 are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for the proposed four season porch and new deck;
1. A 24 foot variance permitting a 51 foot setback from the OHWL of Prior Lake
(904 El.) instead of the required 75 foot setback.
Adopted by the Board of Adjustment on February 24, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
1:\97var\97-012va\97-012re.doc 2