HomeMy WebLinkAboutResolution 18-04PC - 6626 Rustic Road SE - Variance Receipt : # 598486 T251456
VAR $46-00 Cert # 52419
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G-PRIOR LAKE 4646 DAKOT STI E I IIIIIIII III VIII VIII VIII VIII VIII IIII IIII
PRIOR LAKE MN 55372
Certified Piled and/or recorded on:
7/23/2018 10 : 49 AM
Office of the Registrar of Titles
Scott County , Minnesota
Julie K. Hanson, 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 18 - 04PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A
PROPERTY IN THE R- 1 SC ( LOW DENSITY RESIDENTIAL SHORELAND) ZONING
DISTRICT
�Amlanja Schwabe , City Planner
City of Prior Lake
Dated this 23rd day of April 2018 .
Address : 6626 Rustic Road SE
Section 30 , Township 115 , Range 21
TORRENS PROPERTY
PID : 251400040
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
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RESOLUTION 18- 04PC
VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R- 1 SD (LOW DENSITY
RESIDENTIAL SHORELAND) 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 April
23 , 2018, to consider a request from Eric and Erica Delain , to approve a variance 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:
6626 Rustic Road SE , Prior Lake , MN 55372
Legal Description :
Lot 4 , Block 1 , Oakland Beach 6th Addition , Scott County, Minnesota ( PID 25- 140-004 -0) ; and
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-
000011 and held a hearing thereon on April 23 , 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 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 applicant would be
permitted to reconstruct the non-conforming deck in the same footprint; however, a variance is required since
the proposed configuration is different , The proposed addition improves the existing nonconformity by
increasing the setback from the OHW as well as improves the total impervious surface on the property.
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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 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 .
A practical difficulty for the property owner exists due to the unique configuration of the property in relation to
the 904 elevation as well as the need to reconstruct the rear wall as a result of the fire .
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 Rustic Road neighborhood . There are
other riparian properties in this neighborhood with similar sized homes and decks.
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 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 12. 8400t variance from the required minimum 75-foot structure setback from the Ordinary High Water
(OHM elevation 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. Building Permit shall be obtained from the Building Department prior to the commencement of construction .
PASSED AND ADOPTED THIS 23rd DAY OF APRIL 2018 ,
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye Brya Fleming , ommis ' n Chai07r
Nay ❑ ❑ ❑ ❑ El
Absent ❑ ❑ ❑ ❑ ❑ ATTEST:
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe , munity Development Director
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