HomeMy WebLinkAboutResolution 17-14PC - 14468 Shady Beach Trail NE Variances Receipt: # 582794 A1036143
VAR $46.00
G PR OR LAKE CITY I IIIIIiI IIII VIII IIII
4646 DAKOTA ST SE 1111111111 IN 11111111
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
10/31 /2017 10: 25 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 1744PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM STRUCTURE SETBACK
FROM THE ORDINARY HIGH WATER ELEVATION ; THE MAXIMUM IMPERVIOUS
SURFACE REQUIREMENT ; THE MINIMUM LOT AREA FOR DEVLEOPMENT OF A
NONCONFORMING LOT OF RECORD ; AND MINIMUM ELEVATION FOR VEHICULAR
ACCESS FOR A PROPERTY IN THE R- 1 ( LOW DENSITY RESIDENTIAL) ZONING
DISTRICT
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City of Prior Lake
Dated this 17th day of July, 2017
14468 Shady Beach Trail NE
Shady Beach #2 Lot 004
Abstract Property
PID : 250460040
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
° W
Prior Lake, MN 55372
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4646 Dakota Street SE
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RESOLUTION 17- 14PC
VARIANCES FROM THE MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER ELEVATION ;
THE MAXIMUM IMPERVIOUS SURFACE REQUIREMENT ; THE MINIMUM LOT AREA FOR DEVELOPMENT OF
A NONCONFORMING LOT OF RECORD ; AND MINIMUM ELEVATION FOR VEHICULAR ACCESS
FOR A PROPERTY IN THE R- 1 ( LOW DENSITY RESIDENTIAL) ZONING DISTRICT
Motion By : Tieman Second 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 Copper Creek Development to approve variances to allow for
the construction of a single-family dwelling located in the R1 -SD ( Low Density Residential Shoreland )
Zoning District at the following property:
14468 Shady Beach Trail NE , Prior Lake , MN 55372
Legal Description :
Lot 4 , Shady Beach No . 2 ( PID 250460040)
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-
001028 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 , 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 :
( 1 ) 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 lot area and low lot elevation .
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(2) 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 states , "it is in the best interests of the public health , safety,
and welfare to provide for the wise development of shoreland of public waters . "
(3) 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 small lot area of 7,442 square feet and low lot elevation are circum -stances unique to this property
are do not result from actions of the property owner.
(4) 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 Shady Beach Trail neighborhood .
There are many riparian properties in this area with similar lot conditions .
(5) 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 the construction of a single-family residential dwelling in the R- 1 (Low Density Residential) Zoning
District:
a . A 30 . 16400t variance from the required minimum 50-foot structure setback from the Ordinary High Water
(OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties (Subsection
1104 . 308 (2))
b . A 3 . 8 % variance from the 30% maximum impervious surface requirement for a residential property in the
Shoreland District (Subsections 1104 . 306 & 1104 . 902 ( 1 ))
c. A 58-square foot variance from the minimum 7, 500 square foot lot area required for development of a
nonconforming lot of record (Subsection 1104 . 902 ( 1 ))
d . A 2 .2400t variance from the required minimum vehicular access elevation of 906 . 9 feet (Subsection
1105 .402 (4))
4 . The variances are subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scott County .
b . An acknowledged City Assent Form shall be submitted to the Community Development Department prior
to the issuance of a building permit.
c. Due to its proposed elevation below the regulatory floodplain of Prior Lake , the attached accessory
garage shall be floodproofed according to FP-3 or FP4 floodproofiing classification in the State Building
Code .
PASSED AND ADOPTED THIS 17th DAY OF JULY 2017.
VOTE Fleming Kallberg Petersen Ringstad Tiernan
Aye El El4BryFlemirg , ComEmission Chair
Nay El Nf El El E]
I/
Absent E] El7 ; ❑ ❑ ATTEST:
Casey McCabe, Community Development Director
Abstain ❑ ❑ ❑ ❑ ❑
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