HomeMy WebLinkAboutResolution 17-04PC - 21 & Duluth - Height Variance Receipt:# 575361 A1028300
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GReturn to.
-PRIOR LAKE CITY I Ilillll IIII IIID VIII VIII VIII VIII VIII III)IIII
4646 DAKOTA ST SE
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 17-04PC
A RESOLUTION APPROVING VARIANCES FROM MINIMUM BUILDING HEIGHT FOR A
PROPERTY IN THE TC, TOWN CENTER ZONING USE DISTRICT
JefK4glIzVe
City of Prior Lake
Dated this 17th Day of April, 2017.
Abstract Property
PID: 259021270
Section 2, Township 114, Range 22
City Project DEV 17-001009—21 & Duluth—Height Variance
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department i
4646 Dakota Street SE
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RESOLUTION 17-04PC
VARIANCE FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE
TC, TOWN CENTER ZONING USE DISTRICT
Motion By: Kallberg Second By: Petersen
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 Greystone Construction for a 5-foot
variance from the required 25-foot Minimum Height 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 variance as contained in Case
#DEV17-001009 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:
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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 and proximity to residential properties. 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 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
one-story 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 one-story design and
varying wall heights will complement the surrounding residential neighborhood.
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. The proposed building design with varying wall heights will
complement the surrounding residential neighborhood.
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
variance to allow construction of a commercial building in the TC, Town Center Zoning Use District:
a. A 5-foot variance from the required 25-foot Minimum Height in the TC, Town Center Zoning Use
District(Subsection 1102.806, Dimensional Standards).
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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&Economic Development Department prior to the issuance
of a building permit.
b. The exterior wall shall be constructed to a minimum average height of 23 feet.
c. The building design shall substantially conform with the exterior elevations prepared by Mohagen
Hansen Architecture and submitted with the variance application as Plan A300.
PASSED AND ADOPTED THIS 17th DAY OF APRIL, 2017.
VOTE Fleming Kallberg Peterson Ringstad Tiernan
Aye ® ® ® ® ® Bri n Fle ing, b6mmission Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑ ATTEST:
Abstain ❑ ❑ ❑ ❑ ❑ JeKatzke, Planner
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