The URL can be used to link to this page

Home My WebLink AboutResolution 17-22PC - 16323 Main Avenue SE - Variances Receipt: # 587694 Al 041260 VAR $46.00 Return to: G-PRIOR LAKE CITY 646 DAKOTA ST E I IIIIiII IIII VIII VIII IIID VIII VIII VIII IIII IIII PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 1 /29/2018 3 : 46 PM 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 17-22PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE TC , TOWN CENTER ZONING USE DISTRCT Je atz e ity of Prior Lake Dated this 18th Day of December 2017 . 16323 Main Avenue SE, Prior Lake, MN 55372 Abstract Property PID : 250020030 Return to and drafted by : City of Prior Lake Community and Economic Development Department flit • , V.R i 4646 Dakota Street SE •�t®" ` °v� •. �' Prior Lake, MN 55372 •1k7 rl i« • � ,, 10 c. • : , I'* . •� zoo v ///��ItIN 1 ��•P+'•er 1 oICA FRIO, N U 4646 Dakota Street SE vxEso'tA Prior Lake, MN 55372 RESOLUTION 17-22PC VARIANCE FROM THE MINIMUM BUILDING HEIGHT FOR A PROPERTY IN THE TC , TOWN CENTER ZONING USE DISTRICT Motion By : Tschetter Second By : Kallberg WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment, conducted a public hearing on December 18 , 2017 , to consider a request from PLate on Main , LLC for an 8400t variance from the required 25400t Minimum Height in the TC , Town Center Zoning Use District at the following property: The North 1/2 of Lot 2 , Block 1 , Cates Addition to the Village of Prior Lake , Scott County, Minnesota , EXCEPTING therefrom the following described tract: Commencing at the Northwest corner of said Lot 2; thence in a Southwesterly direction along the West line thereof, a distance of 2 . 35 feet; thence Southeasterly a distance of gleet to a point on the East line of said Lot 2 , 31 . 1 feet South of the Northeast corner thereof; thence North along the East line of said Lot to the Northeast corner thereof; thence Westerly along the North line of said Lot 2 , a distance of 100 . 9 feet to the point of beginning . ( PID 250020030) ; and 4 /,0y 85 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 #DEV17-001039 and held a hearing thereon on December 18 , 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 . 1 This property is a unique Town Center property because of its location among existing single story commercial properties and proximity to adjacent single-family residential properties . The applicant is proposing to use the property in a reasonable manner and the difficulties and additional cost of a second story would make this project doubtful . The applicant has added a three-foot parapet to the building to bring it closer to conformance with city standards . b . The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan . The granting of the variances is 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 proposed 17400t height and building design will fit within the existing commercial neighborhood and the surrounding residential properties and will enhance the aesthetic character and appearance of the downtown area . 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 a and applicant. In this case , a second story or 25 feet height requirement would be prohibitive to this project. The proposed building design and wall heights will complement the surrounding commercial properties to the north , east and west and residential neighborhood to the south . The brick exterior will help provide the look of substantial mass and create a cornerstone effect on Main Avenue and Pleasant Street . 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 neighborhood or be detrimental as the subject property is zoned TC , Town Center Use District and construction of a restaurant is an appropriate use for this property. 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 construction of a restaurant is an allowed use within the TC , Town Center 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 in the TC , Town Center Zoning Use District : a . An 8400t variance from the required 25-foot Minimum Height in the TC , Town Center Zoning Use District (Subsection 1102 . 806 , Dimensional Standards) . 4 . The variance is 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 . 2 PASSED AND ADOPTED THIS 18th DAY OF DECEMBER 2017 . VOTE Fleming Kallberg Tschetter Ringstad Tiernan Aye k Nay ❑ ❑ o ❑ o Br an Fle ing , Commis ' Chair Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ° ❑ ATTEST : Casey McCabe , Co unity Development Director 3