HomeMy WebLinkAboutResolution 17-21PC - 15411 Breezy Point Road SE - Variances Receipt: # 591053 T250044
VAR $46.00 Cert # 55555
Return R LAKE CITY
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4646 DAKOTA ST SE
PRIOR LAKE MN 55372 III VIII VIII VIII VIII VIII III) IIII
Certified Filed andlor recorded on:
4/9/2018 3 : 10 PM
Office of the Registrar of Titles
Scott County , Minnesota
James L. Hentges, Registrar of Titles
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 17-21PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK
AND MINIMUM LAKE SETBACK FOR A PROEPRTY IN THE R- 1 ( LOW DENSITY
RESIDENTIAL) ZONING DISTRICT
JefffAatzke
City of Prior Lake
Dated this 27th Day of November, 2017 .
15411 Breezy Point Road SE, Prior Lake, MN 55372
Torrens Property
PID : 259350370
Section 35 ; Township 115 ; Range 022
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
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RESOLUTION 17.21 PC
APPROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SETBACK
FOR A PROPERTY IN THE R- 1 ( LOW DENSITY RESIDENTIAL) ZONING DISTRICT
Motion By : Kallberg Second By : Ringstad
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment, conducted a public hearing on
November 13 , 2017 , to consider a request from Highmark Builders on behalf of the property owners,
Jason J . Haus and Susan M Haus 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 :
15411 Breezy Point Road SE , Prior Lake , MN 55372
That part of Government Lot 1 , Section 35 , Township 115, Range 22, described as beginning at the most
westerly corner of Tract A, REGISTERED LAND SURVEY N0 . 25 , files of the Registar of Titles ; thence on an
assumed bearing of North 59 degrees 26 minutes 28 seconds East, along the northwesterly line of said Tract A, a
distance of 85 . 0 feet, more or less , to the shore line of Prior Lake; thence northwesterly, along said shore line of
Prior Lake, a distance of 96 . 0 feet, more or less, to the southeasterly line of Lot 1 and its northeasterly extension ,
BREEZY POINT, according to the recorded plat thereof; thence South 61 degrees 04 minutes 11 seconds West,
along said southeasterly line of Lot 1 and its northeasterly extension , 82 . 0 feet, more or less , to the southwest
corner of said Lot 1 ; thence continuing South 61 degrees 04 minutes 11 seconds West, along the southwesterly
extension of said southeasterly line of Lot 1 , a distance of 10 . 76 feet; thence South 33 degrees 1 minutes 15
seconds East 34 . 50 feet to the intersection with the easterly line of Breezy Point Road as shown in the plat of
Gateway Shores, according to the recorded plat thereof; thence South 47 degrees 20 minutes 26 seconds East,
along said easterly line 64 . 69 feet to the point of beginning . ( PID 259350370)
WHEREAS , The Planning Commission tabled discussion of the variance request to November 27 , 2017 , and directed
the applicant to rotate the proposed house to further increase the lake setback distance ;
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-
001037 and held a hearing thereon on November 13 , 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 shallow depth and small size of the property. Due to the
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required setbacks , there would be only an allowed buildable area of 15 feet in depth on the property
without approval of variances from the minimum front setback and minimum lake setback .
(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'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 reasonable
residential house is in harmony with these purposes and policies .
(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 shallow lot depth creates a practical difficulty for the property owner to create a reasonable sized
house without the requested variances .
(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 Breezy Point neighborhood .
There are other riparian properties in this corridor with similar shallow depth lots and similar setbacks to
the front property line and lake .
(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 ) Shoreland 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 7. 5-foot variance from the required minimum 20400t front yard setback using the average front yard
setbacks of the adjacent properties (Section 1102. 405 (5))
b. A 31 . 0-foot variance from the minimum 50. 0400t structure setback from the ordinary high water mark
(OHWM) of Prior Lake. (Section 1104. 308 (2)) .
4 . The variances are subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scott County .
b . The variance approval is contingent of the applicant's acquisition of a triangular area of property between
the roadway and the proposed housing pad location that wastformerly part of a driveway inothe Gateway
Shores Plat.
c. An acknowledged City Assent Form shall be submitted to the Community Development Department prior
to the issuance of a building permit.
PASSED AND ADOPTED THIS 271h DAY OF NOVEMBER 2017 .
VOTE Fleming Kallberg Ringstad Tiernan Tschetter � ,
Aye ElB an Fle ing , Commission Chair
JZ
Nay ❑ ❑ ❑ ❑ ❑� ATTEST: C
Absent El ❑ El -TE( Casey McCabe , Community Development Director
Abstain ❑ ❑ ❑ ❑ ❑
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