HomeMy WebLinkAbout97-14PCRESOLUTION 97-14PC
A RESOLUTION DENYING AN 11 FOOT VARIANCE REQUEST TO PERMIT
A 39 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK
OF SPRING LAKE (912.8 EL.) RATHER THAN THE MINIMUM
REQUIREMENT OF 50 FEET FOR A PROPOSED PORCH AND EXPANDED
DECK ON PROPERTY LOCATED AT 2719 SPRING LAKE ROAD FOR
PHILLIP AND BRYAN HINES
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Phil and Bryan Hines have 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 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;
2719 Spring Lake Road, legally described as the westerly one half of Lot 3; and
Lot 4; and the easterly one half of Lot 5, all in Block 46, and a strip of land
between said Lots and lying southerly thereof and the waters edge of Spring Lake
Townsite, according to the plat thereof on file and of record in the office of the
Registrar of Deeds in and for said Scott County, Minnesota, including any part or
portion of any street or alley abutting said premises vacated or to be vacated, Scott
County, Minnesota.
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-050 and held hearings thereon on June 23, 1997 and July 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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372 1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
There are no unique conditions applying to the subject property. Adjacent properties
are setback further, and legal alternatives exist. The existing encroaching deck can be
replaced in the same location of the same size, and the proposed porch and
greenhouse can be placed within the legal building envelope.
The granting of the variance is not necessary for the preservation and enjoyment of a
substantial property fight 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 97-050 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 porch and new deck, as shown in Exhibit A;
1. An 11 foot variance permitting a 39 foot setback from the OHWL of Spring
Lake (912.8 El.) instead of the required 50 foot setback.
Adopted by the Board of Adjustment on July 28, 1997.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
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