HomeMy WebLinkAbout16-10PC Resolution - 14551 Raven Court NE Variance Receipt:#561545 Al 014278
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66 DAKOTA ST SE i IIIIIII IIII VIII VIII
GReturn to:
-PRIOR LAKE CITY VIII VIII VIII(IIII IIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
11/9/2016 10:45 AM
Office of the County Recorder
Scott County,Minnesota
James L Hentges,County Recorder
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 16-IOPC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM CORNER LOT AREA
REQUIREMENT ON A PROPERTY LOCATED WITHIN THE R1-SD (LOW DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT
J Mat e
City of Prior Lake
Hemlock Holdings, LLC
Address: 14551 Raven Court NE
PID: 25-520-022-0
Abstract Property
Dated this 20th day of June, 2016
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake,MN 55372
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RESOLUTION 16-10PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM CORNER LOT AREA
REQUIREMENT ON A PROPERTY LOCATED WITHIN THE R1-SD (LOW DENSITY
SHORELAND RESIDENTIAL) ZONING DISTRICT
Motion By: Kallberg Second By: Tieman
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on June 20, 2016, to consider a request from the applicant Hemlock
Holdings LLC to approve a variance from the minimum area requirement for a corner
lot in the R-1 Zoning Use District; and
WHEREAS, The property is described as Block 4, Lot 3, "Chatonka Heights", Section 26,
Township115, Range 22
(PID 25-520-022-0)
(Abstract Property)
(14551 Raven Court NE); and
WHEREAS, Notice of the public hearing on said variance request was duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this variance
request, and persons interested were afforded the opportunity to present their views
and objections related to the variance request; and
WHEREAS, The Planning Commission has reviewed the application for the variance as
contained in Case #DEV16-000005 and held a hearing thereon on June 20, 2016;
and
WHEREAS, The Planning Commission has considered the effect of the proposed variance upon
the health, safety, and welfare of the community and compliance with the
Comprehensive Plan.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION, ACTING AS THE
BOARD OF ADJUSTMENT, OF PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. There are practical difficulties in complying with the strict terms of this
Ordinance; the property owner proposes to use the property in a reasonable
manner not permitted by the Zoning Ordinance. Economic considerations alone
do not constitute practical difficulties.
In order to preserve natural features on Lot 20, the applicant is requesting a variance
form the minimum corner lot area requirement for Lot 22 and is proposing to increase
the size of Lot 20. The property owner is proposing to use the property in a reasonable
manner and failure to grant a variance will likely result in additional tree removal.
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b. The granting of the variance is in harmony with the general purposes and intent
of the City Subdivision and Zoning Ordinances and the Comprehensive Plan.
In general, the minimum corner lot area requirement is intended to provide appropriate
building setbacks from both streets. The applicant has indicated, even with a lesser
lot area, the development of Lot 22 will comply with the front yard setback requirement
of 25-feet from both streets. The 2030 Comprehensive Plan supports flexibility in order
to achieve public good, such as the preservations of trees.
c. The practical difficulty is due to circumstances unique to the property and not
resulting from actions of the owners of the property and is not a mere
convenience to the property owner and applicant.
This property is largely wooded and the trees on Lot 20 are worthy of preservation for
the benefit of the surrounding neighborhood. Without the variance the additional trees
would be eliminated from the property.
d. The granting of the variance will not alter the essential character of the
neighborhood or be detrimental to the health and safety of the public welfare.
The surrounding areas include low density single family housing and therefore the
granting of a variance will not alter the essential character of the neighborhood.
e. The granting of the variance will not result in allowing any use of the property
that is not permitted in the zoning district where the subject property is located.
The granting of the variance will not result in allowing any use of the property that is
not permitted in the zoning district. The proposed land use of a single family housing
is allowed in this use district.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the
following variance from the required minimum corner lot area requirement:
a. A variance to allow a corner lot area, shown as Lot 22, less than the required minimum
14,400 square foot lot area requirement in the R-1 (Low Density Residential) Zoning
Use District.
4. The variance is subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County following approval of the
final plat.
b. The variance is subject to the approval of the final plat, currently referred to as Andren
Property, which will be renamed prior to final plat approval.
PASSED AND ADOPTED THIS 20th DAY OF JUNE, 201
VOTE Fleming Larson Peterson Kallberg Tieman I
Aye ® ® ❑ ® ® Bryan lemi g,
Nay ❑ ❑ ❑ ❑ ❑
Commi sion h
Absent ❑ ❑ ® ❑ ❑ ATTEST:
Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness,
Community&Econom t Director
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