HomeMy WebLinkAboutResolution 18-05PC - 15263 Fairbanks Tr NE - Variances t
Receipt: # 598498 A1050675
VAR $46.00
G-PRIOR LAKE
Return to: 1 IIII
4646 DAKOTA STI SE III IIII (IIII VIII VIII VIII 111111 VIII 11111111
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 - 05PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT SIZE , MINIMUM
LAKE SETBACK , MINIMUM FRONT YARD SETBACK , MINIMUM REAR YARD SETBACK ,
AND MAXIMUM IMPERVIOUS SURFACE FOR A PROPERTY IN THE R- 1 SD ( LOW
DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
Amanda Schwabe, City Planner
City of Prior Lake
Dated this 141h day of May 2018 .
15263 Fairbanks Trail NE, Prior Lake , MN 55372
Section 35 , Township 115 , Range 22
ABSTRACT PROPERTY
PID : 250360130
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
PR / 4646 Dakota Street SE
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RESOLUTION 18 . 05PC
VARIANCES FROM THE MINIMUM LOT SIZE , MINIMUM LAKE SETBACK, MINIMUM FRONT YARD SETBACK,
MINIMUM REAR YARD SETBACK, AND MAXIMUM IMPERVIOUS SURFACE 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 May
14 , 2018 , to consider a request from Ray Joachim , to approve variances to allow the replacement of a single-
family dwelling located in the R- 1 SD ( Low Density Residential Shoreland) Zoning District at the following
property :
15263 Fairbanks Trail NE , Prior Lake, MN 55372
Legal Description :
Lot 14 , Maple Park Shore Acres , Scott County, Minnesota ( PID 250360130) ; 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-
000015 and held a hearing thereon on May 14 , 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 . This existing lot of record is
of substandard size located at the end of a residential street . The existing home footprint is approximately
1 , 500 square feet in size . The proposed home footprint will be approximately 1 , 800 square feet in size . The
buildable area of this lot is nonexistent if compliance with the strict terms of the ordinance were required .
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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 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 replacement 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 width , the proposed home would be placed in a very similar footprint as the
current home . The lot size , width , and proximity to the OHW creates a practical difficulty for the property owner
to modify or replace 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 Maple Park Shore Acres
neighborhood . There are other riparian properties in this corridor with similar lot sizes and widths that have 2-
story homes 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 replacement of a residential dwelling which is an allowed use within
the R- 1 ( Low Density Residential) Zoning District .
3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following variances to
allow the construction of single-family house in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District :
a . A 655 square foot variance from the minimum 7, 500 square foot lot area required for a non-conforming lot of
record in the Shoreland Overlay District) (Section 1104. 902 (1))
b. A 34. 5400t variance from the required minimum 62. 5-foot average structure setback from the Ordinary High
Water (OHM elevation of Prior Lake (Section 1104. 308 (2))
c. An 8-foot variance from the required minimum 25-foot front yard structure setback (Section 1102. 405 (3))
d. An 18400t variance from the required minimum 25400t rear yard structure setback (Section 1102. 405 (3))
e . A 7. 6 % 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 Scott County .
b . Building Permit shall be obtained from the Building Department prior to the commencement of construction .
PASSED AND ADOPTED THIS 141h DAY OF MAY 2018 ,
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye ® ® ® ® ®11 El El El
Flemi g , Com ' sion Chair
Nay ❑Absent
❑ ❑ ❑ ❑ ATTEST :
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe, Community Development Director
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