HomeMy WebLinkAbout97-10PCRESOLUTION 97-10PC
A RESOLUTION DENYING A 10 FOOT VARIANCE REQUEST TO PERMIT A
20 FOOT REAR YARD SETBACK RATHER THAN THE MINIMUM
REQUIREMENT OF 30 FEET AND A 66 PARKING STALL VARIANCE
REQUEST TO PERMIT 90 PARKING STALLS RATHER THAN THE
MINIMUM REQUIREMENT OF 156 PARKING STALLS FOR A PROPOSED
RETAIL/OFFICE BUILDING (NORTHGATE CENTER)
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Rorm Hechter has applied for a variance from Section5-4-1 and Section 5-5-5 of the
Zoning Ordinance in order to construct a 15,701 square foot retail/office building on
property located in the Bol (Limited Business) District at the following location, to
wit;
15900 Franklin Trail, legally described as: That part of the East 140.00 feet of the Southwest
Quarter of the Southwest Quarter, Section 36, Township 115, Range 22, Scott Cotmty, Minnesota
described as follows: Beginning at a point on the East line of said Southwest Quarter of the Southwest
Quarter distant 778.78 feet North of the Southeast comer thereof; thence Westerly parallel to the South
hne of said Southwest Quarter of the Southwest Quarter a distance of 140.0 feet to the West line of
said East 140.0 feet; thence Southerly along said West line to the North line of the South 301.70 feet
of said Southwest Quarter of the Southwest Quarter; thence Easterly along said North line to the East
line of said Southwest Quarter of the Southwest Quarter; thence Northerly along said East line to the
point of beginning
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-015 and #97-016 and held hearings thereon on March 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 surrounding 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.
16200 Eagle Creek Ave. S.E,, Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. There are no unique conditions applying to the subject property. The subject site is
vacant.
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.
5. The contents of Planning Case #97-15 and #97-16 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 retail/office building (Northgate Center);
1. A 10 foot variance permitting a 20 foot rear yard setback instead of the
required 30 foot setback.
2. A 66 parking stall variance permitting 90 parking stalls instead of the required
156 parking stalls required.
Adopted by the Board of Adjustment on March 24, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
l:\97files\97var\97-016va~re97-10.doc 2