HomeMy WebLinkAboutResolution 17-15PC - 16879 Lime Road SW Variances Receipt: # 582794 A1036142
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G-PRIOR LAKE CITY
646 DAKOTA ST E I IIIIIII IIIIVIIIIIIIIIIII
VIII (IIII VIII IIII Till
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 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 1745PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM STRUCTURE SETBACK
FROM A TRIBUTARY CREEK FOR A PROPERTY IN THE R- 1 ( LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
JeX4afzke
City of Prior Lake
Dated this 17th day of July, 2017
16879 Lime Road SW
Abstract Property
PID : 251330160
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
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4646 Dakota Street SE
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RESOLUTION 17 - 15PC
VARIANCE FROM THE MINIMUM STRUCTURE SETBACK FROM A TRIBUTARY CREEK
FOR A PROPERTY IN THE R- 1 ( LOW DENSITY RESIDENTIAL ) ZONING DISTRICT
Motion Second
By : Kallberg By : Tieman
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment conducted
a public hearing on July 173 2017 , to consider a request from Arvid Jedlicka , the
property owner , to approve a variance to allow the construction of a detached
accessory structure located in the R1 -SD ( Low Density Residential Shoreland )
Zoning District at the following property :
16879 Lime Road SW, Prior Lake , MN 55372
Legal Description :
That part of Lots 7 , 8 , 9 and 10 , Block 26 , plat of SPRING LAKE VILLAGE , Scott
County , Minnesota , described as follows : Beginning at the Southwesterly corner of
said Lot 7 ; thence Northeasterly along the northwesterly line of said Lot 7 , a distance
of 75 . 00 feet ; thence Southeasterly parallel with the Southwesterly line of said Block
26 , a distance of 200 . 00 feet to the Southeasterly line of said Lot 10 ; thence
Southwesterly along Southeasterly line to the Southeasterly corner of said Lot 10 ;
thence Northwesterly along the Southwesterly line of said Lots 7 , 81 9 and 10 , a
distance of 200 . 00 feet to the point of beginning .
Together with : Lots 11 and 12 , Block26 , Spring Lake Village , Scott County ,
Minnesota according to the plat thereof on file and of record in the office of the
County Recorder in and for Scott County , Minnesota .
( PID 25- 133 - 016 - 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 # DEV1 7- 001 027 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
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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 location of the
tributary creek alongside the western and southern boundaries 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 variance 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
addition of the detached garage for additional storage purposes 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 tributary creek at a distance of 45 feet to the current
rear line of the house ( constructed in 1983) creates a practical difficulty for the
property owner to add any building storage on the property . The small , existing 420
square foot garage does not allow reasonable storage for a typical single family
home .
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 Lime Road
neighborhood . There are other riparian properties in this area with similar lot
conditions and detached accessory structures in the rear yards , within 75 feet of the
tributary creek .
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 variance would allow construction of a detached accessory structure
which is an allowed accessory use within the RA ( Low Density Residential ) Zoning
District .
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3 . Based upon the findings set forth herein , the Planning Commission hereby approves the
following variances to allow construction of a detached accessory structure in the R- 1 ( Low
Density Residential ) Zoning District :
a . A 12400t variance from the minimum 75-foot minimum structure setback to a tributary
creek (Section 1104. 302 (3))
4 . The variances are subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scott County ,
PASSED AND ADOPTED THIS 17th DAY OF JULY , 201 .
VOTE Fleming Kallberg Peterson Ringstad Tieman
Aye ❑ iyal
Flem g , Com ission Chair
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Absent El El El ElCasey McCabe, C6rnmunity Development Director
Abstain ❑ ❑ ❑ ❑ ❑
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