HomeMy WebLinkAbout97-20PCRESOLUTION 97-20PC
A RESOLUTION DENYING A 42 FOOT VARIANCE FROM THE LOCATION OF
THE TOP OF BLUFF SETBACK TO ALLOW A STRUCTURE TO BE CONSTRUCTED
WITHIN THE BLUFF AND BLUFF IMPACT ZONE RATHER THAN THE REQUIRED
SETBACK OF 30 FEET FROM THE TOP OF BLUFF AND OUT OF THE BLUFF
IMPACT ZONE PER CITY CODE SECTION 5-8-3 FOR A PROPOSED
SINGLE FAMILY DWELLING
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Hillcrest Homes Inc.. 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;
16091 Northwood Road, legally described as Lot 92, Northwood, Scott County,
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-115 and held heatings thereon on November 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.
There are no unique conditions applying to the subject property. A legal building
envelope of approximately 10,330 sq. feet exists allowing for structural alternatives
without variances.
4. 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
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 not necessary to alleviate demonstrable hardship
as legal alternatives exist.
5. The contents of Planning Case 97-115 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 as shown in the
attached Exhibit A;
A 42 foot variance from the location of the top of bluff setback permitting a 0
foot setback from the top of bluff and bluff impact zone instead of the required
30 foot top of bluff setback and 20 foot bluff impact zone.
Adopted by the Board of Adjustment on November 24, 1997.
ATTEST:
Anthony Stamson, Chair
Donald R. Rye, Planning Director
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