HomeMy WebLinkAbout97-12PCRESOLUTION 97-12PC
A RESOLUTION GRANTING A .47 FOOT VARIANCE TO PERMIT A 49.53
LOT WIDTH AT THE FRONT YARD SETBACK INSTEAD OF THE
REQUIRED 25 FEET AND A 126 SQUARE FOOT VARIANCE TO PERMIT A
LOT AREA OF 7,374 SQUARE FEET RATHER THAN THE 7,500 SQUARE
FEET REQUIRED TO BUILD ON A SUBSTANDARD LOT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Pinnacle Partners 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;
15408 Red Oaks Road, legally described as Lot 22, Red Oaks.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-028 and held hearings thereon on April 28, 1997.
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 97-028 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 &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 future development on the lot meeting required
setbacks;
1. A .47 foot variance permitting a 49.53 foot lot width at the required front yard setback
instead of the required 25 foot lot width.
2. A 126 square foot variance permitting a lot area of 7,374 square feet instead of the
required area of 7,500 square feet to be buildable as a substandard lot.
Adopted by the Board of Adjustment on April 28, 1997.
ATTEST:
Dave Wuellner, Acting Chair
Donald R. Rye, Planning Director
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