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Home My WebLink About16-18PC Resolution - 1735 Shoreline Blvd NW Variances Receipt:# 561555 A1014280 VAR $46.00 RG-PRIOR LAKE eturn to: 646 DAKOTA STISE - 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 16-18PC A RESOLUTION APPROVING VARIANCES FROM THE FRONT, SIDE YARD AND MINIMUM IMPERVIOUS SURFACE TO CONSTRUCT A GARAGE IN THE R1-SD (LOW DENSITY RESIDENTIAL) ZONING DISTRICT J Matzke City of Prior Lake Dated this 19th day of September, 2016. 1735 Shoreline Blvd NW, Prior Lake, MN 55372 Abstract Property PID 25-487-004-0 Return to and drafted by: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake,MN 55372 P I pati®ae /�✓` f�. ty Seal �'o • O� PRto U rn 4646 Dakota Street SE 'l�I ;so�A Prior Lake, MN 5 53 72 RESOLUTION 16-18PC VARIANCES FROM THE FRONT, SIDE YARD AND MINIMUM IMPERVIOUS SURFACE TO CONSTRUCT A GARAGE IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND)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 Dana Breault to approve variances from the front yard, side yard and minimum impervious surface to construct an attached garage on a property in the R1-SD (Low Density Residential Shoreland) Zoning District at the following property: 1735 Shoreline Blvd NW, Prior Lake, MN 55372 All that part of Lot 8, Hillside View, lying South of the following described line: Starting at a point on the West line of said Lot 8, 13.0 feet Southwesterly from the Northwest corner thereof; and running thence South 71°50' East to the shore of Spring Lake, said line being at an angle of 63010' with the Westerly line of said Hillside View. AND All that part of Lot 7, in said Hillside View, lying North of the following described line: Starting at a point on the West line of said Lot 7, 5.0 feet Southwesterly from the Northwest corner thereof; and running thence South 75°35' East to the shore of Spring Lake, and said line being at an angle of 59°25' with the Westerly line of said Hillside View. Abstract Property Section 5, Township 114, Range 22 (PID 25-487-004-0) 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 #DEV16-001028 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. 1 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 reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. It appears practical difficulties exist for the applicant in this case. This residential property has some unique characteristics including the narrow and small size of the property. The applicant proposes the 2-car garage in the center of the front yard with a similar front yard setback and increased side yard setback as the existing dwelling on-site. 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. Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas" and "enhance the aesthetic character and appearance of the City." The approval of the variances as requested would allow the applicant to construct a reasonable two-car garage on the site in an orderly fashion within the confines of the center of the property. 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 does exist due to circumstances unique to the property. This residential property has unique characteristics including a small and narrow nonconforming lot area. This lot area results in the need of an impervious surface variance to slightly increase the overall impervious surface on the property for the allowance of the two-car garage and driveway. 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 alter the existing character of the neighborhood. As visible on the submitted survey, the proposed house/garage is within line of the adjacent houses on the block and has similar setbacks and lot conditions. 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. An attached garage is an accessory structure to a single family residential dwelling, and is an allowed use within the R-1 (Low Density Residential) Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow a construction of an attached garage in the R-1 (Low Density Residential) Zoning District: a. An 11.5 foot variance from the required minimum 20 foot front yard setback using the average front yard setbacks of the adjacent properties. (Subsection 1102.405 (5)) b. A 9.0 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))) c. A 4.1% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) 4. The variances are subject to the following conditions of approval: 2 a. The variance resolution shall be recorded at Scott County. An acknowledged City Assent Form, shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 19th DAY OF September, 2016. VOTE Fleming Larson Petersen Kallberg Tiernan — �,K1g�� Aye El ® El ® ® Wade Larson,C Vice Chair Nay ❑ ❑ ❑ ❑ ❑ Absent ® ❑ ® ❑ ❑ ATTEST: __�� - Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness, Community&Econ�i'c Developmen irector 3