HomeMy WebLinkAboutResolution 18-03PC - old 4924 Minnesota St SE - new 16145 Evanston Ave SE - Variances Receipt : # 598499 A1050676
VAR $46.00
Return to:
G-PRIOR LAKE CITY
646 DAKOTA ST SE I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
7/23/2018 10 : 52 AM
Office of the County Recorder
Scott County , Minnesota
Julie K. Hanson, 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 18 - 03PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT WIDTH AND
MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R-2 ( MED DENSITY
RESIDENTIAL) ZONING DISTRICT
UJIM 14 , in ., G
Amanda Schwabe, City Planner
City of Prior Lake
Dated this 26th day of March 2018 .
Old Address : 4924 Minnesota Street SE , Prior Lake, MN 55372
New Address : 16145 Evanston Avenue SE, Prior Lake, MN 55372
Section 02 , Township 114 , Range 22
ABSTRACT PROPERTY
PID : 250030060
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
r rt CI Prior Lake, MN 55372
�• • tpLE pC, ' •
` � ��' . ., , 'off •.
• tri O • 7 .
' it
•, tNltllll , \ `\\
1
PRro,(4vio
U
4646 Dakota Street SE
'i mso''O' Prior Lake, MN 55372
RESOLUTION 18-03PC
VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LOT WIDTH AND MINIMUM FRONT YARD SETBACK
FOR A PROPERTY IN THE R-2 ( MED DENSITY RESIDENTIAL) ZONING DISTRICT
Motion By : Tschetter Second By : Kallberg
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment conducted a public hearing on
March 26 , 2018 , to consider a request from Patricia A . Leitchman , property owner, to approve variances
to allow the removal of the existing home and detached one-car garage and construction of a new single-
family residence located in the R-2 ( Med Density Residential) Zoning District at the following property:
4924 Minnesota Street SE , Prior Lake, MN 55372
Legal Description :
Lot 1 , Block 2 , Schmokel ' s Addition ( PID 25-003-006-0)
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 # DEV18-
000006 and held a hearing thereon on March 26 , 2018 ; 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 :
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 and is of a type of construction that would be costly and difficult
to expand . The proposed residence will be approximately 2 , 000 square feet in size with an attached 2-
car garage . Strict application of the ordinance would result in an approximately 15 feet by 95 feet ( 1 , 425
square feet) building pad .
1
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 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 ". The proposed single
story with a loft style residence in this mature neighborhood 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 being a corner lot, the building pad is dramatically reduced . The existing
residence was moved onto the property approximately 65+ years ago and remodeling it is not cost
effective due to its deteriorated state and unique style of construction . Variances would also be necessary
to expand the existing residence as it does not meet the front yard setback .
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 Minnesota Street neighborhood .
The addition of the proposed residence will improve a legal , non -conforming situation and will
complement the other existing residences in the area .
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 replacement of a single-family residential dwelling which is an
allowed use within the R-2 ( Med Density Residential) Zoning District .
3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following variances
to allow the removal of the existing residence and one-car detached garage and construction of a single-family
residence in the R-2 (Med Density Residential) Zoning District:
a . A 34-square foot variance from the minimum 7, 200 square foot lot area required for a non-conforming
corner lot of record in the R-2 Zoning District (Section 1104. 302)
b. A 22. 14400t variance from the required minimum 72-foot lot width for a corner lot (Section 1104. 302)
c . A 17. 64-foot variance from the required minimum front yard setback (Section 1102. 505 (1))
4 . The variances are subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scott County .
b . Building permit shall be obtained from the Building Department prior to the commencement of
construction .
PASSED AND ADOPTED THIS 26th DAY OF MARCH , 2018 .
VOTE Fleming Tiernan Tschetter Kallberg Ringstad
Aye N ❑ N N N Fleming , Commi ' n Cha'
Nay ❑ ❑ ❑ ❑ ❑ ATTEST:
Absent ❑ N ❑ ❑ ❑ Casey McCabe, munity Development Director
Abstain ❑ ❑ ❑ ❑ ❑
2