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HomeMy WebLinkAbout16-17PC Resoltuion - 16189 & 16199 Evanston Ave SE Variances Receipt:# 561548 Al 014279 VAR $46.00 Return to: III 4646 DAKOTA ST E IIIII IIIc 11111 11111 lllli lilll llill illll 1111 llil PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 11/9/2016 10:46 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 16-17PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT WIDTH, FRONT YARD SETBACK, SIDE YARD SETBACK, AND DRIVEWAY SETBACK TO ALLOW SUBDIVISION OF A RESIDENTIAL PROPERTY IN THE R-2 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Jeff Matzke City of Prior Lake Dated this 19th day of September, 2016. 16189 & 16199 Evanston Avenue SE Abstract Property PID 25-001-093-0 Return to and drafted by: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE PCS( �✓, Prior Lake, MN 55372 l 'LE BV `` hppO•a'" �� t.R. ``� ,`P�j,,��. of 1 ��,,•�'' O� POS h U 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-17PC VARIANCES FROM THE MINIMUM LOT WIDTH, FRONT YARD SETBACK, SIDE YARD SETBACK, AND DRIVEWAY SETBACK TO ALLOW SUBDIVISION OF A RESIDENTIAL PROPERTY IN THE R-2 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Tieman Second By: Kallberg WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on September 19, 2016 to consider a request from George Farrell to approve variances from the front yard setback, side yard setback, driveway setback, and minimum lot width to subdivide a single family property that currently contains two separate single family dwellings into two lots on a property in the R-2 (Medium Density Residential) Zoning District at the following property: 16189 & 16199 Evanston Avenue SE Lot 9 and 10, Block 12, City of Prior Lake, except the North 10 feet of said Lot 10, Scott County, Minnesota. Section 2, Township 114, Range 22. Abstract Property (PID 25-001-093-0) 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 #DEV16-001027 and held a hearing thereon on September 19, 2016; and WHEREAS, The Planning Commission 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 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 the Ordinance. "Practical difficulties," as used in connection with the granting of a Variance, means the property owner proposes to use the property in a 1 reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. Due to the narrowness of the existing lot variances from the side yard setback, driveway setback, front yard setback, and lot width are necessary. The newly created lots would no longer be a nonconforming use having two principal structures on one property. It is rare that a property has more than one principal structure on a lot. The granting of these variances will allow the property to be subdivided so that the nonconforming residential use is in compliance with the current zoning ordinance. b. The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. The purpose of the Zoning Ordinance is to "promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas." In this case the subdividing of the property into two separate lots will create more orderly development of the site as well as improve the health and safety of the uses with the addition of access and utility easements. In order for the development to occur, variances from the minimum lot width, front yard setback, side yard setback, and driveway setback are necessary. c. The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The practical difficulty results from the necessary narrow lots that must be created to subdivide the nonconforming lot which contains two principal structures. d. The granting of the variances will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting of the variances will not impact the character and development of the area. The structures on the lot are not proposed to be relocated or removed at this time with the subdivision of the property. In addition, the changes proposed to the lot, including newly dedicated access easement, will enhance the public welfare by providing for legal rights for the future owners of the lots. e. The granting of the Variances 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 variances would allow for the property to be subdivided into two distinct properties with one single family residential structure on each property. One single family residential structure on a property is an allowed use within the R-1 (Low Density Residential) District. Two single family residential structures, as currently in existence, on one property is not an allowed use. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow subdivision of a property containing two single family dwellings in the R-2 (Medium Density Residential) Zoning District: 16189 Evanston Avenue (Parcel A) • A 21.3 foot variance from the required 60 foot minimum lot width for a riparian lot in the R-1 District. (Section 1102.505 (1)) • A 1.5 foot variance from the minimum 15 foot separation between all structures on the nonconforming lot and on the adjoining lot to the east. (Section 1101.502 (7)). • A 13.3 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties (Section 1102.505 (3)) 2 • A 5.0 foot variance from the required 5.0 minimum side yard setback for a driveway. (Section 1107.205) 16199 Evanston Avenue (Parcel B) • An 8.7 foot variance from the required 60 foot minimum lot width for a riparian lot in the R-1 District. (Section 1102.505 (1)) • A 3.5 foot variance from the required 5 foot minimum setback for accessory structures. (Section 1102.700 (8)) • An 11.8 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties (Section 1102.505 (3)) • A 5.0 foot variance from the required 5.0 minimum side yard setback for a driveway. (Section 1107.205) 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. City inspections shall be conducted to ensure separation of the public sanitary sewer and water utility services for each single family dwelling. If separation does not exist, the property owner shall be responsible to create separate utility connections for each dwelling unit to the main sewer and water lines in Evanston Avenue. c. A private access easement in favor of Parcel A (16189 Evanston Avenue) shall be recorded across the driveway portion of Parcel B (16199 Evanston Avenue). PASSED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2016. VOTE Fleming Larson Petersen Kallberg Tieman Aye ❑ ❑x ❑ ❑x x❑ Wade Larson, mission Vice-Chair Nay ❑ ❑ ❑ ❑ ❑ ATTEST: Absent © ❑ Ox ❑ ❑ Dan Rogness, Abstain ❑ ❑ ❑ ❑ ❑ Community&Econocni1c. Developm nt Director 3