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HomeMy WebLinkAboutResolution 17-13PC - 5832 Industrial Lane SE Variances Receipt: # 582795 T247847 VAR $46.00 Cert # 55027 Return to: 4646 PG-PRIOR LAKE CITY RORALAKE MN5 72 IIIIIIIIIIVIIIVIIIVIIIVIIIIIIIIII� IIII Certified Filed and/or recorded on: 10/31 /2017 10 : 28 AM Office of the Registrar of Titles Scott County , Minnesota James L. Hentges, Registrar of Tales 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 1743PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE C-3 , BUSINESS PARK ZONING USE DISTRICT Jef Matzke City of Prior Lake Dated this 17th day of July, 2017 5832 Industrial Lane SE Section 12 , Township 114 , Range 22 Torrens Property PID : 254490010 Return to and drafted by : City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE PR / Prior Lake, MN 55372 1. �• y�col « vv > � /r . / r� • tai NoQdcl ` is 1 � 1 1 1 o� p �O�P ti 4646 Dakota Street SE NEso'0' Prior Lake, MN 55372 RESOLUTION 17 -13PC VARIANCE FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE C -3 , BUSINESS PARK ZONING USE DISTRICT Motion Second By : Tieman By : Ringstad WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment , conducted a public hearing on July 17 , 2017 , to consider a request from Port City Bakery , the property owner , for a variance from the required maximum building height in the C - 3 , Business Park Zoning Use District at the following property : Lot 1 , Block 1 , DEERFIELD INDUSTRIAL PARK TENTH ADDITION , according to the recorded plats thereof, Scott County , Minnesota ; and 0?5531da/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. 001024 and held a hearing thereon on July 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 : 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 . The majority of the proposed building (over 97 % of the structure ) will meet the required maximum building height allowed by the City Ordinance . Only a 2 , 000 square-foot area 1 will be above this maximum height limitation which allows for a reasonable use of the property . 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 overall proposed commercial building design will fit with the surrounding business park properties and enhance the aesthetic character and appearance of the Deerfield Industrial Park area . c ) 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 business park as the majority of the building ( over 97 % of the structure) will meet the required maximum building height as allowed by City Ordinance . d ) 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 C -3 , Business Park 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 addition in the C -3 , Business Park Zoning Use District : a . A 1546ot variance from the maximum 45-foot required building height in the C-3 Business Park Zoning District (Section 1102. 1205) 4 . The variance is subject to the following conditions of approval : a . The variance resolution shall be recorded at Scott County , PASSED AND ADOPTED THIS 17th DAY OF APRIL , 2 VOTE Fleming Kallberg Peterson Ringstad Tiernan Aye K ❑ ❑ X B an F1 ming , Co mission Chair Nay ❑ X ❑ ❑ ❑ � El 11ElElATTEST : Absent Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe , . Conimunity Development Director 2