HomeMy WebLinkAboutResolution 18-06PC - 16109 Northwoods Rd NW - Variance Receipt: # 598489 T251457
VAR $46.00
Cert # 54948
Return to:
4646 D KOTA CITY
TI E i IIIIIIII III IIID IIID VIII IIID VIII IIII IIII
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
7/23/2018 10 : 50 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 -06PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM BLUFF SETBACK FOR A
PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND) ZONING
DISTRICT
n
Amanda Schwabe, City Planner
City of Prior Lake
Dated this 291h day of May 2018 .
16109 Northwoods Road NW, Prior Lake, MN 55372
Section 03 , Township 114, Range 22
TORRENS PROPERTY
PID : 251410560
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
OF ` •P ��� Prior Lake, MN 55372
. r . r Od .•\ ry ''
♦ Y
rte+ . 7�A
o� FR10F
N
V tri
4646 Dakota Street SE
'�rlNrvssol" Prior Lake. MN 55372
RESOLUTION 18 -06PC
VARIANCE FROM THE MINIMUM BLUFF 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 May
29 , 2018 , to consider a request from Highmark Builders , Inc . on behalf of property owners Jeff Berg and
Nichole Bonnett- Berg , to approve a variance for a reduced bluff setback to allow the construction of a single-
family dwelling located in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District at the following
property:
16109 Northwood Road NW, Prior Lake , MN 55372
Legal Description :
Lot 87 , Northwood on Prior Lake , Scott County, Minnesota ( PID 251410560) ; 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-
000018 and held a hearing thereon on May 29 , 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 width with two , 20400t utility easements bisecting the property as well as a bluff feature . The
proposed residence could be located on the far north end of the property, to the north of the existing private
drive and easement; however, that location is less desirable to the applicant due to the existing tree cover
which severely limits the view to the lake .
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 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 construction of a single-family
residence in this location 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 width , the location of the two , 20-foot wide utility easements which bisect the property
as well as the bluff, the options to place a residence in a location which would provide for views of the lake are
limited . The lot width , bluff feature and easement locations creates a practical difficulty not resulting from
actions of the owners of the property.
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 Northwood Road neighborhood . A
majority of the lots in this area have single-family residences near the bluff; therefore , the placement of the
proposed residence should not alter the essential character of the neighborhood or the health and safety of
the public welfare .
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 replacement of a single-family residential dwelling which is an allowed
use within the R- 1 SD ( Low Density Residential in Shoreland ) 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. An 1146ot variance from the required minimum 25-foot bluff setback (Section 1104. 304)
4 , The variances are subject to the following conditions of approval :
a . The variance resolution shall be recorded at Scoff County.
b , Building Permit shall be obtained from the Building Department prior to the commencement of construction .
PASSED AND ADOPTED THIS 29th DAY OF MAY 2018 .
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye N N N N N Bryan F ming , ommi ion Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent El El 1-10 El ATTEST : G6
Abstain ❑ ❑ ❑ ❑ ❑ Casey Mcg e, Community Development Director
2