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Home My WebLink AboutResolution 17-07PC - 14342 Watersedge Trl - Variances Receipt:# 575365 A1028302 RES $46.00 GReturn to. -PRIOR LAKE CITY I IIIIIII IIII IIID VIII VIII VIII VIII VIII IIII(III 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 7/3/2017 10:43 AM Office of the County Recorder Scott County,Minnesota James L Hentges,County Reconier 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 17-07PC A RESOLUTION APPROVING A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA AND LOT WIDTH TO CONSTRUCT A NEW HOME IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT J 2re City of Prior Lake Dated this 1St day of May, 2017. PID 251190080 Address: 14342 Watersedge Trail NE, Prior Lake, MN 55372 Abstract Property City Project DEV 17-001006 14342 Watersedge Trail NE—Variance Return to and drafted by: _ City of Prior Lake ,►�!P l�®�f; Community and Economic Development Department 4646 Dakota Street SE Prior Lake,MN 55372 .. *�:�� - `` • fir' x r � l� ��Nttrllttr<<� Og PRIp� U 4646 Dakota Street SE Prior Lake, MN 55372 M�NNESD�P RESOLUTION 17-07PC A VARIANCE FROM THE MINIMUM LAKE SETBACK, MAXIMUM IMPERVIOUS SURFACE, AND MINIMUM LOT AREA AND LOT WIDTH TO CONSTUCT A NEW HOME IN THE R1-SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By: Tieman Second By: Petersen 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: 14342 Watersedge Trail NE, Prior Lake, MN 55372 Lot 12 and the East 10.00 feet of Lot 11, Boudin's Manor, according to the recorded plat thereof, Scott County, Minnesota. (PID 25-119-008-0) 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#DEV17-001006 and held a hearing thereon on March 20, 2017; and WHEREAS, The Planning Commission continued discussion of the variance request 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 reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. 1 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 and impervious surface limitation, there would be very little allowable buildable area of the properties without approval of a variance from the lake setback and impervious surface requirement. 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 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 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 small lot size creates a practical difficulty for the property owner to create a reasonable house without variances from the lake setback, lot area, and impervious surface requirement for 14342 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 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, widths, 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 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 16.6-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 3.7% variance from the 30% maximum impervious surface requirement for a residential property in the Shoreland District (Section 1104.306 & Section 1104.902 (1)) c. A 7,825-square foot variance from the minimum 15,000 square foot lot area and 30- foot variance from the minimum 90-foot lot width 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. 2 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 N N N N N Bryan lemin , Commission Chair Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Jeff lanner 3