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Home My WebLink AboutResolution 17-10PC - 21 & Duluth - Variances Receipt:# 575726 A1028623 RES $46.00 Return to: I IIII 4646 G-PRIOR LAKE CITY III IIIIVIIIIIIIIIII PRIOR LAKE) N SE 53 IIIIIIIIIIIIIIIIII PRIOR LAKE MN 55372 III IIII Certified Filed and/or recorded on: 7/10/2017 8:58 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 17-1OPC A RESOLUTION APPROVING VARIANCES FROM THE MAXIMUM SIDE YARD SETBACK OF 10 FEET, THE MAXIMUM FRONT YARD SETBACK OF 10 FEET AND THE MINIMUM FLOOR AREA RATIO OF 0.5 FOR A PROPERTY IN THE TC, TOWN CENTER ZONING USE DISTRICT Jeffakrli�!r' City Lake Dated this 15th day of May, 2017. Abstract Property Section 2, Township 114, Range 22 City Project DEV17-001009 21 &Duluth PID: 259021270 Return to and drafted by: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372 (Cit'Sea1) r`I n G n 1 o� PWO h U tri 4646 Dakota Street SE � ESOI' Prior Lake,MN 55372 RESOLUTION 17-10PC VARIANCE FROM THE MAXIMUM SIDE YARD SETBACK OF 10 FEET, THE MAXIMUM FRONT YARD SETBACK OF 10 FEET AND THE MINIMUM FLOOR AREA RATIO OF 0.5 FOR A PROPERTY IN THE TC, TOWN CENTER ZONING USE DISTRICT Motion By: Petersen Second By: Kallberg WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on May 15, 2017,to consider a request from Greystone Construction for a variance from the required 10-foot Maximum Front Yard Setback, a variance from the required 10-foot Maximum Side Yard Setback and a variance from the Minimum Floor Area Ratio of 0.5 in the TC, Town Center Zoning Use District at the following property: All that part of the North Half of Section 2,Township 114, Range 22, in the Village of Prior Lake, Scott County, Minnesota described as follows: Beginning at a point on the west line of Block 16 in said Village of Prior Lake, 145 feet North of the southwest corner thereof; thence west 347.7 feet to the northwest corner of Lot 2, Block 2, West Side Add'n; thence north on an extension of the west line of Lot 2, Block 2, West Side Add'n, 215 feet to the southerly right-of-way of the C. M. St. P. & PP. RR.; thence easterly along said right-of-way 360 feet more or less to the intersection with the west line of Block 16; thence south 126.1 feet to the point of beginning. (PID 259021270); and 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 #DEV17-001009 and held a hearing thereon on May 15, 2017; and WHEREAS, The Planning Commission has considered the effect of the proposed variances 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 variances on the Comprehensive Plan. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1 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. This property is a unique Town Center property because of its location away from the core downtown area. This property is not located near municipal off-street parking lots and on-street parking is not available in the immediate area. A second story would increase the floor area ratio; however, a second story would also require additional off-street parking which is not possible due to insufficient land area. The property will be used in a reasonable manner. 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"and "enhance the aesthetic character and appearance of the City." The proposed building design will fit with the surrounding residential properties and enhance the aesthetic character and appearance of the downtown area. 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. This property is a unique Town Center property because of its location away from the core downtown area and its proximity to residential properties. The proposed building setback variances will result in increased traffic visibility at the CH21 /Duluth Avenue intersection. 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 variance will not alter the essential character of the neighborhood as the subject property is zoned TC, Town Center Use District and construction of a commercial building is an appropriate use for this 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 proposed construction of a commercial building is an allowed use within the TC,Town Center Zoning Use District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variances to allow construction of a commercial building in the TC, Town Center Zoning Use District: a. A 2.1-foot variance from the required 10-foot Maximum Front Yard Setback in the TC, Town Center Zoning Use District(Subsection 1102.806, Dimensional Standards). 2 b. A 68.1-foot variance from the required 10-foot Maximum Side Yard Setback from the western boundary of the Duluth Avenue easement in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). c. A 16.9-foot variance from the required 10-foot Maximum Side Yard Setback from the western property line in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). d. A 0.22 Floor Area Ratio variance from the required 0.5 Minimum Floor Area Ratio requirement to allow a 0.28 Floor Area Ratio in the TC, Town Center Zoning Use District (Subsection 1102.806, Dimensional Standards). 4. The variance is 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 Development Department prior to the issuance of a building permit. PASSED AND ADOPTED THIS 15th DAY OF MAY, 2017, VOTE Fleming Kallberg Peterson Ringstad Tiernan ` Ilk Aye ® ® ® ® ® Brian F ming /Commission Chair Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Casey'McCabe, Community Development Director 3