HomeMy WebLinkAbout97-13PCRESOLUTION 97-13PC
A RESOLUTION DENYING (1) A 23 FOOT VARIANCE REQUEST TO PERMIT
A 52 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF
PRIOR LAKE (904 EL.) RATHER THAN THE MINIMUM REQUIREMENT OF
75 FEET, AND (2) A 26 FOOT VARIANCE REQUEST TO PERMIT A 4 FOOT
SETBACK FROM THE TOP OF BLUFF RATHER THAN THE MINIMUM
REQUIREMENT OF 30 FEET, AND (3) A 16 FOOT VARIANCE REQUEST TO
PERMIT A 4 FOOT SETBACK WITHIN THE BLUFF IMPACT ZONE
RATHER THAN THE REQUIRED 20 FEET FOR A PROPOSED
SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Pinnacle Partners, LTD. has applied for a variance from Section 9.3A of the Zoning
Ordinance in order to construct a single family dwelling with attached garage and
deck (Exhibit A) 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, Scott County, MN
1. 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 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.
There are no unique conditions applying to the subject property. A legal building
envelope of approximately 1300 sq. feet exists allowing for structural alternatives
without variances.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372q714 / Ph. (612) 447-4230 / Fax (612) 447 4245
AN EQUAL OPPORTUNITY EMPLOYER
4. 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 97-028 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 single family dwelling with garage and deck as
shown in the attached Exhibit A;
1. A 23 foot variance permitting a 52 foot setback fi.om the OHWL of Prior Lake
(904 El.) instead of the required 75 foot setback.
2. A 26 foot variance permitting a 4 foot setback fi.om the top of bluff.
3. A 16 foot variance to permit a 4 foot setback in the bluffimpact zone.
Adopted by the Board of Adjustment on May 12, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
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