HomeMy WebLinkAboutResolution 17-12PC - 14138 Orchard Circle NE - Variances Receipt:# 575368 A1028306
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DAKOTA ST SE I Iilllli IIIIVIII VIIIVIIIi
G-PRIOR LAKE CITY
4646 IIII VIII VIII IIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
7/3/2017 10:44 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 17-12PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM SIDE YARD SETBACK
AND MINIMUM LOT AREA FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONING DISTRICT
Je e
City of Prior Lake
Dated this 5th Day June 2017.
14138 Orchard Circle NE, Prior Lake, MN
Abstract Property
Section 30, Township 115, Range 21
PID: 259300480
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department
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RESOLUTION 17-11 PC
VARIANCES FROM THE MINIMUM SIDE YARD SETBACK AND MINIMUM LOT AREA FOR A PROPERTY IN
THE R-1 (LOW DENSITY RESIDENTIAL)ZONING DISTRICT
Motion By: Petersen Second By: Kallberg
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment conducted a public hearing on
June 5, 2017, to consider a request from Kevin Cade, property owner, to approve variances to allow
major remodeling of a single-family dwelling located in the R1-SD (Low Density Residential Shoreland)
Zoning District at the following property:
14138 Orchard Circle NE, Prior Lake, MN 55372
Legal Description:
A tract of land in Government Lot 1, Section 30, Township 115, Range 21, Scott County,
Minnesota described as follows: starting at the Northeast corner of said Government Lot 1
and running thence South on the 1/1 6th line, 1000 feet; thence South 82°30' West 200 feet;
thence South 55030' West 180 feet; thence South 69°56' West 128.2 feet to the Northeast
corner of a lot to be conveyed; thence South 600 West 90 feet; thence South 30° East 120
feet more or less to the Water's Edge of Prior Lake; thence Easterly 100 feet more or less
along said Water Edge to its intersection with a line drawn South 300 East from said Northeast
corner of the lot to be conveyed; thence North 300 West 145 feet more or less to the point of
beginning, excepting the Easterly 40 feet thereof.
Together with an easement for a road over and across a tract of land lying and being in the
County of Scott, State of Minnesota, described as follows: Beginning at the Northeast corner
of Government Lot 1 of Section 30, Township 115, Range 21; thence South 1000 feet along
the East line of said Government Lot 1; thence South 82°30' 200 feet; thence South 55°30'
West 180 feet; thence South 69056' West 128.2 feet to the actual point of beginning of the
tract of land to be hereinafter described; thence North 30° West 18 feet; thence South 600
West 90 feet; thence North 300 West 126.2 feet to the public road; thence South 630 West 25
feet along the Southerly line of the public road; thence at an angle of 93° with the last
described line 126.2 feet thence South 60° West 105 feet; thence South 300 East 18 feet;
thence North 600 East 220 feet to the aforesaid actual point of beginning of the tract of land
herein described.
(PID 25-930-048-0)
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
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WHEREAS, The Planning Commission has reviewed the application for the variance as contained in Case#DEV17-
001016 and held a hearing thereon on June 5, 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 nonconforming narrow lot width and small lot
area.
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 the existing home(constructed in 1957)within 5 feet of the property creates a practical
difficulty for the property owner to add a 2nd story to the existing footprint 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 Orchard Circle NE neighborhood.
There are other riparian properties in this area with similar lot conditions.
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 0.5-foot variance from the required minimum 5-foot side yard setback(Section 1101.502(8))
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b. A 1,059 square foot variance from the minimum 7,500 square foot lot area required for development of a
nonconforming lot of record(Section 1104.902(1))
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 5th DAY OF JUNE, 2017.
VOTE Fleming Kallberg Peterson Ringstad Tiernan
Aye ❑ i
Dave Tiernan, Commission Vice-Chair
.'
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Absent Uf ❑ ❑ ❑ ❑
Casey McCabe, Community Development Director
Abstain ❑ ❑ ❑ ❑ ❑
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