HomeMy WebLinkAboutResolution 17-19PC - 3844 Green Heights Trl SW Variances Receipt: # 582794 Al036139
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4646 DAKOTA TI E 111111111111111 IN 1111
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 1749PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT AREA , MINIMUM
LAKE SETBACK , SUM OF THE SIDE YARDS , BUILDING SEPARATION , AND MAXIMUM
IMPERVIOUS SURFACE FOR A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL
SHORELAND) ZONING DISTRICT
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City of Prior Lake
Dated this 11th day of September 2017 .
3844 Green Heights Trl , SW .
Abstract Property
PID : 250940070
DEV 17 -001033
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 17= 19PC
VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE SETBACK, SUM OF THE SIDE YARDS , BUILDING
SEPARATION , AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R- 1 SD (LOW DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT
Motion By : Ringstad Second By : Petersen
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment, conducted a public hearing on
September 11 , 2017 , to consider a request from Darin Wampler and Laura Horne , to approve variances to
allow the expansion of a non-conforming single-family dwelling located in the R- 1 SD ( Low Density Residential
Shoreland ) Zoning District at the following property :
3844 Green Heights Trl SW, Prior Lake , MN 55372
Legal Description :
Lot 8 , Green Heights , Scott County, Minnesota (PID 25-094-007-0)
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-
001033 and held a hearing thereon on September 11 , 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 .
There are practical difficulties in complying with the strict terms of the Ordinance . The existing home is
approximately 1 , 000 square feet in size . The proposed additions will result in an approximately 2 , 300 square
foot residence with a 2-car garage , which is reasonable .
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 .
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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 remodel of this residence 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 .
Due to the minimal lot size and bluff area along with the current placement of the existing home within the side
yard and lake setback creates a practical difficulty for the property owner to modify the residence without
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 Green Heights Trail neighborhood .
There are other riparian properties in this corridor with similar lot sizes and widths that have 2-story homes
with 2-car garages and reduced setbacks .
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 the expansion of a residential dwelling which is an allowed use within
the R- 1 SD ( Low Density Residential Shoreland ) Zoning District.
3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following variances to
allow the expansion of a non-conforming house in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District :
a . A 172-square foot variance from the minimum 7, 500 square foot lot area required for a nonconforming lot of
record in the Shoreland Overlay District (Section 1104. 902 (1))
b. A 12. 5-foot variance from the required minimum 64. 546ot structure setback average from the Ordinary High
Water (OHM elevation of Prior Lake (Section 1104. 308 (2))
c . A 2. 9-foot variance from the required sum of the side yards (Section 1101 . 502 (7))
d . A 3. 6-foot variance from the required building separation (Section 1101 . 502 (7))
e . A 8. 9 % variance from the 30 % maximum impervious surface requirement for a residential property in the
Shoreland Overlay District (Section 1104. 306)
4 . The variances are subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scoff County .
b . Building Permit shall be obtained from the Building Department prior to the commencement of construction .
c . Submit revised survey reflecting an additional 40 square foot reduction in total impervious surface .
PASSED AND ADOPTED THIS 11th DAY OF SEPTEMBER 2017 .
VOTE Fleming Kallberg Peterson Ringstad Tiernan
Aye ❑ ❑ ❑ ❑ ❑ Bryan lemin , Com 'ssion Chair
Nay ❑ ❑ ❑ ❑ ❑ 000oo
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Absent ❑ ❑ ❑ ❑ ❑ ATTEST :
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe, ommunity Development Director
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