HomeMy WebLinkAboutResolution 17-05PC - 4207 Quaker Trl NE Variances Receipt:# 575105 T245947
VAR $46.00 Cert# 34981
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G-PRIOR LAKE CITY
4646 DAKOTA TE I IIIIIIII III VIII ILII VIII IIID VIII IIII IIII
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
6/28/2017 2:07 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 Planner for the City of Prior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 17-05PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LAKE SETBACK AND
GRADING IN THE BLUFF IMPACT ZONE FOR A PROEPRTY IN THE R-1 (LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
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City of Prior Lake
Dated this 17th Day of April 2017
Torrens Property
PID: 250360230
Address: 4207 Quaker Trl NE
City Project: DEV17-001010—4207 Quaker Trl NE—Variance
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
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RESOLUTION 17.05PC
VARIANCES FROM THE MINIMUM LAKE SETBACK AND GRADING IN THE BLUFF IMPACT ZONE FOR A
PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL)ZONING DISTRICT
Motion By: Petersen Second By: Tieman
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on
April 17, 2017, to consider a request from Jon Gleisner, on behalf of Prior Lake RE LLC, to approve
variances to allow major remodeling of a single-family dwelling within the bluff impact zone located in the
R1 SD(Low Density Residential Shoreland)Zoning District at the following property:
4207 Quaker Trail NE, Prior Lake, MN 55372
Legal Description:
MAPLE PARK SHORE ACRES Lot 025 & Lot 026, Scott County, Minnesota(PID 25-036-023-0)
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#DEV17-
001010 and held a hearing thereon on April 17, 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 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 steep slope of the property. Dues to the
required setbacks and bluff regulations, there would be a limited 500-600 square foot buildable area of
the property without approval of variances from the lake setback or bluff impact zone.
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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 major remodel of this 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 Quaker Trail neighborhood.
There are other riparian properties in this corridor with similar slopes, 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 major remodeling of a house in the R-1 (Low Density Residential)Zoning District:
a. A 35.2-foot variance from the required minimum 75-foot structure setback from the Ordinary High Water
(OHIO elevation of Prior Lake(Section 1104.302(4)
b. A variance to allow re-grading and construction within a bluff impact zone(Section 1104.303)
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 171h DAY OF APRIL, 2017.
VOTE Fleming Kallberg Peterson Ringstad Tiernan
Bria Flemin Commission Chair
Aye N N N N ®
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Absent ❑ ❑ ❑ ❑ ❑ Jeff Ma e, ner
Abstain ❑ ❑ ❑ ❑ ❑
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