HomeMy WebLinkAbout97-15PCRESOLUTION 97-15PC
A RESOLUTION APPROVING A 3 FOOT VARIANCE REQUEST TO PERMIT
A 2 FOOT SIDE YARD SETBACK RATHER THAN THE MINIMUM
REQUIREMENT OF 5 FEET AND A 6.5 PERCENT VARIANCE REQUEST TO
PERMIT IMPERVIOUS SURFACE OF 36.5 PERCENT RATHER THAN THE
MAXIMUM ALLOWED OF 30 PERCENT FOR A PROPOSED GARAGE AND
DRIVEWAY ON PROPERTY LOCATED AT 16575 INGUADONA BEACH
CIRCLE FOR BRIAN MATTSON.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Brian Mattson has applied for a variance from Section 5-5-5 and Section 5-8-3 of the
City Code in order to permit the construction of a 480 square foot detached garage
and bituminous access driveway on property located in the R-1 (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
16575 Inguadona Beach Circle, legally described as Lot 29, Inguadona Beach,
Scott County, MN
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-053 and held heatings thereon on June 23, 1997 and October 27, 1997.
The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the commtmity, 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.
The applicant originally requested impervious surface of 54% and a driveway setback
of 1 foot. At the June 23, 1997 heating, the applicant requested the heating be
continued until a revised survey could be submitted. The applicant has revised the
driveway setback and proposed impervious surface by removing the existing
driveway and shed and reducing the width of the proposed driveway
4. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
convenience to the applicants, and is necessary to alleviate demonstrable hardship as
no reasonable alternatives exist.
5. The DNR has no recommendation on approval, but suggest if approved, a condition
such as a drainage swale to decrease rate of run-off from the additional impervious
surface be constructed.
6. The contents of Planning Case 97-053 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 approves the
following variances for the proposed garage and driveway as shown in Exhibit A;
1. A 3 foot variance permitting a 2 foot driveway setback from the side yard
instead of the required 5 foot setback.
2. A 6.5 percent variance to permit impervious surface coverage of 36.5 percent
instead of the maximum allowed of 30 percent.
The approval of the variances is contingent upon the following conditions:
1. A revised survey must be submitted, indicating the applicants proposed
changes to decrease the impervious surface to 36.5%.
2. A minimum 3 foot drainage easement must be obtained and recorded, for the
applicant's snow storage and drainage, on Lot 26, Inguadona Beach.
3. As recommend by the DNR, additional impervious surface must be diverted to
a swale or holding area to decrease the rate of run-off.
Adopted by the Board of Adjustment on October 27, 1997.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
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