HomeMy WebLinkAboutResolution 17-06PC - 14332 Watersedge Trl - Variances Receipt:#575363 Al 028301
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G-PRIOR LAKE
646 DAKOTA TI E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
7/3/2017 10:42 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 17-06PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE SETBACK AND
MINIMUM LOT AREA AND LOT WIDTH TO CONSTRUCT A NEW HOME IN THE R1-SD
(LOW DENSITY SHORELAND) ZONING DISTRICT
Jeff Wfzke
City of Prior Lake
Dated this 1St day of May, 2017.
PID 251190070
Address: 14332 Watersedge Trail NE, Prior Lake, MN 55372
Abstract Property
City Project DEV 17-001006 14332 Watersedge Trail NE—Variance
Return to and drafted by:
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RESOLUTION 17-06PC
A VARIANCE FROM THE MINIMUM LAKE SETBACK AND MINIMUM LOT AREA AND LOT
WIDTH TO CONSTUCT A NEW HOME IN THE R1-SD (LOW DENSITY RESIDENTIAL
SHORELAND) ZONING DISTRICT
Motion By: Ringstad Second By: Tieman
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted
a public hearing on March 20, 2017 to consider a request from Copper Creek Real
Estate Group, Inc. to approve variances on a property in the R1-SD (Low Density
Residential Shoreland) Zoning District at the following property:
14332 Watersedge Trail NE, Prior Lake, MN 55372
All of Lot 10 and that part of Lot 11, which lies west of the East 10.00 feet thereof,
all in Boudin's Manor, according to the recorded plat thereof, Scott County,
Minnesota.
(PID 25-119-007-0)
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 variances as
contained in Case#DEV17-001006 and held a hearing thereon on March 20, 2017;
and
WHEREAS, The Planning Commission continued discussion of the variance requests at a
meeting on May 1, 2017.
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
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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 small size of
the properties. Due to the required setbacks, there would be very little allowable
buildable area of the properties without approval of a variance from the lake setback.
b. The granting of the Variances is in harmony with the general purposes and
intent of the City Subdivision and Zoning Ordinances and the Comprehensive
Plan.
The granting of the lake setback and lot area variances is 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 lot size and lake setbacks are 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 9,842-square foot lot size creates a practical difficulty for the
property owner to create a reasonable house without variances from the lake
setback and lot area for 14332 Watersedge Trail.
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 lake setback and lot area variances will not alter the essential
character of the Watersedge Trail neighborhood in relation to similar sized and shaped
properties. There are other riparian properties in this corridor with lot sizes and lake
setbacks.
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 lake setback and lot area 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 21.0-foot variance from the required minimum 50-foot structure setback from the
Ordinary High Water(OHM elevation of Prior Lake using the average lake setbacks
of adjacent properties (Section 1104.308).
b. A 5,158-square foot variance from the minimum 15,000 square foot lot area required
for development of a nonconforming lot of record(Section 1104.302 (3))
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.
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b. These variance approvals shall be conditioned on approval of a plat waiver by the
City Council to shift the current dividing property line which separates the two subject
properties. The dividing property line would be proposed to shift 10 feet to the west.
PASSED AND ADOPTED THIS 1ST DAY OF MAY, 2017.
VOTE Fleming Tieman Petersen Kallberg Ringstad
Aye ® ® ® ® ® Bryan leming,Commis 'on Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑ ATTEST:
Abstain ❑ ❑ ❑ ❑ ❑ Jeffs atz�r , Planner
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