HomeMy WebLinkAboutResolution 17-02PC - 15211 Edinborough Avenue NE Variance Receipt:# 571037 A1023967
RES $46.00
GReturn to:
PR OR LAKE CITY i IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
4646 DAKOTA ST SE
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
4/24/2017 10:37 AM
Office of the County Recorder
Scott County,Minnesota
James L Hentges,County Recofder
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 17-02PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM SIDEYARD SETBACK
AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE (R-1) LOW DENSITY
RESIDENTIAL ZONING DISTRICT
Casey McG4e
City of rior Lake
Dated this 21s'day of February, 2017.
PID: 250360350
Address: 15211 Edinborough Avenue NE, Prior Lake, MN 55372
Abstract Property
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
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RESOLUTION 17-02PC
A VARIANCE FROM THE MINIMUM SIDEYARD SETBACK AND MAXIMUM IMPERVIOUS SURFACE FOR A
PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL)ZONING DISTRICT
Motion By: Petersen Second By: Tiernan
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 John Gleisner, on behalf of the property owner, Charles
Braizer, to approve variances on a property in the R1-SD (Low Density Residential Shoreland) Zoning
District at the following property:
15211 Edinborough Avenue NE, Prior Lake, MN 55372
Lot 40, Maple Park Shore Acres, Scott County, Minnesota.
(PID 25-036-035-0)
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-
001034 and held a hearing thereon on February 21, 2017; 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 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 impervious surface maximum, there would a limited buildable area without
approval of variances from the sum of the side yard setback and impervious surface maximum.
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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 steep slope on the property,narrow lot width,and small lot size 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 neighborhood. There are other
riparian properties in this corridor with similar slopes,nonconforming setbacks,impervious surface areas,
and narrow/small lot configurations.
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 single family dwelling in the R-1 (Low Density Residential)Zoning District:
a. A 0.1-foot variance from the minimum 15-foot sum of the side yards on the nonconforming lot and on the
adjoining lot to the east. (Section 1101.502(7)).
b. A 3.0%variance from the maximum 30%impervious surface requirement(Section 1104.306)
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.
b. Proposed driveway from garage to Quaker Trail must be paved or other suitable surface in accordance
with City Ordinance Section 1107.207.
c. Proposed driveway must be no greater than 24 feet at the front property line in accordance with City
Ordinance Section 1107.207.
PASSED AND ADOPTED THIS 21sT DAY OF FEBRUARY,2017.
VOTE Fleming Tiernan Petersen Kallberg Ringberg
Aye �I1 ❑ &Fleming, ion Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent El El ElATTES
Abstain ❑ ❑ ❑ ❑ ❑ Dan Rogness,
Community&Econo is'Developm nt Director
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