HomeMy WebLinkAboutResolution 17-01PC - 5308 Candy Cove Trail SE Variance Receipt:#571076 T244787
VAR $46.00 Cert# 53727
PRetum to:
RIOR
LAKE CITY I IIIIIIII III VIII VIII VIII VIII VIII IIII IIII
4646 DAKOTA ST SE
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
4/21/2017 2:57 PM
Office of the Registrar of Titles
Scott County,Minnesota
James L.Hentges,Registrar of Titles
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Community Development Specialist for the City of Prior
Lake, hereby certifies the attached hereto is the original true and correct copies of
RESOLUTION 17-01PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK,
MINIMUM BUILDING SEPARATION, AND ALLOWANCE FOR GRADING IN THE BLUFF
IMPACT ZONE FOR A PROPERTY IN THE (R1) LOW DENSITY ZONING DISTRICT
Casey Mc e
City of rior Lake
Dated this 21St day of February, 2017.
PID: 259360710
Address: 5308 Candy Cove Trail SE, Prior Lake, MN 55372
Section 36, Township 115, Range 022
Tor7ens Property
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 17.01 PC
VARIANCE FROM THE MINIMUM FRONT YARD SETBACK, MINIMUM BUILDING SEPARATION,AND
ALLOWANCE FOR GRADING IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE R-1 (LOW DENSITY
RESIDENTIAL)ZONING DISTRICT
Motion By: Petersen Second By: Ringstad
WHEREAS, The Prior Lake Planning Commission,acting as the Board of Adjustment conducted a public hearing on
February 21, 2017, to consider a request from Pebble Creek Custom Homes LLC, on behalf of Cedar
Creek Capital LLC, the property owner, to approve variances to allow construction of a single family
dwelling located in the R1 SD (Low Density Residential Shoreland) Zoning District at the following
property:
5308 Candy Cove Trail SE, Prior Lake, MN 55372
Legal Description:
That part of Government Lot 3,Section 36, Township 115, Range 22, Scott County, Minnesota,together
with vacated Candy Cove Trail described as beginning at the most southerly corner of Lot 1, CANDY
COVE PARK,according to the recorded plat thereof,said Scott County;thence southwesterly at an angle
of 86 degrees 11 minutes 57 seconds, as measured from the southwesterly line of said Lot 1, a distance
of 96.84 feet to Line A described below and the point of beginning of the parcel to be described;thence
southwesterly deflecting to the right 6 degrees 54 minutes 54 seconds 35.47 feet to the northerly line of
Candy Cove Trail; thence southwesterly deflecting to the left 23 degrees 52 minutes 57 seconds, along
said northerly line of Candy Cove Trail, a distance of 14.64 feet, thence northwesterly deflecting to the
right 102 degrees 01 minute 00 seconds 178 feet, more or less, to the shoreline of Prior Lake; thence
northeasterly, along said shoreline, 50 feet, more or less, to the northwesterly extension of said Line A;
thence southeasterly 174 feet, more or less, to the point of beginning. Line A is described as
commencing at said most southerly corner of Lot 1; thence southwesterly at an angle of 71 degrees 00
minutes 00 seconds, as measured from said southwesterly line of Lot 1,a distance of 50.00 feet;thence
northwesterly at an angle of 69 degrees 41 minutes 00 seconds to the right, 114.0 feet, thence
southwesterly at an angle of 85 degrees 41 minutes 00 seconds to the left, 50.00 feet to the point of
beginning of Line A to be described, thence southeasterly at an angle of 94 degrees 27 minutes 00
seconds to the left, 135.00 feet and said Line A there terminating.
(PID 25-936-071-0)
5308 Candy Cove Trail SE, Prior Lake, MN 55372
Section 36, Township 115, Range 022
Torrens
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#DEV17-
001002 and held a hearing thereon on February 21, 2017; and
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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 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 reasonable manner not permitted by the Zoning Ordinance.
Economic considerations alone do not constitute practical difficulties.
There are practical difficulties in complying with the strict terms of the Ordinance. This residential
property has some unique characteristics including the narrow and small size of the property. Dues to
the required setbacks and bluff regulations there would be no allowed buildable area of the property
without approval of variances from the front setback, building separation, and bluff impact zone.
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 granting of the variances appears to be in harmony with the general purposes of the Ordinance
and Comprehensive Plan. A purpose of the Zoning Ordinance to"Promote the most appropriate and
orderly development of the residential, business, industrial,public land, and public areas".
Furthermore,the Shoreland Ordinance(Section 1104) policy's intent is"in the best interests of the
public health,safety, and welfare to provide for the wise development of shoreland of public waters."
The reasonable residential house is in harmony with these purposes and policies.
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 presence of a bluff slope on the property and the existing house within the bluff impact zone area
creates a practical difficulty for the property owner to create a reasonable house without the requested
variances.
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 essential character of the Candy Cover Trail neighborhood.
There are other riparian properties in this corridor with similar slopes and narrow lot sizes, particularly
east of the property.
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 requested variances would allow construction of a residential dwelling which 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 a house in the R-1 (Low Density Residential)Zoning District:
a. A 22.6-foot variance from the required minimum 25-foot front yard setback using the average front yard
setbacks of the adjacent properties(Section 1102.405(5))
b. A 2.6-foot variance from the minimum 15-foot separation between all structures on the nonconforming lot
and on the adjoining lot to the east. (Section 110 1.502(7)).
c. A variance to allow re-grading within a bluff impact zone(Section 1104.303).
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4. The variances are subject to the following conditions of approval:
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 21sT DAY OF FEBRUARY,2017.
VOTE Fleming Kallberg Peterson Ringstad Tiernan
Aye l4 ❑ 01 Bry FleminLin
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Absent ❑ ❑ ❑ ❑ Dan Rogness,Comm nity&Ec mic Development Director
Abstain ❑ ❑ ❑ ❑ ❑
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