HomeMy WebLinkAboutResolution 18-07PC - 16731 Hwy 13 S - Variance Receipt: # 598496 A1050674
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G-PRIOR LAKE 646 DAKOTA TI E 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 - 07PC
A RESOLUTION APPROVING A VARIANCE FROM SECTION 1107 OF THE PRIOR LAKE
ZONING ORDINNACE RELATED TO THE MINIMUM NUMBER OF REQUIRED OFF- STREET
PARKING SPACES
C�
Casey Mceabe , Development Director
City of Prior Lake
Dated this 29th day of May 2018 .
16731 Highway 13 South, Prior Lake, MN 55372
Section 22 , Township 114 , Range 22
ABSTRACT PROPERTY
PID : 254700010
Return to and drafted by :
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
Prior Lake , MN 55372
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4646 Dakota Street SE
'�rnrmso`� ' Prior Lake. MN 55372
RESOLUTION 18- 07PC
VARIANCE FROM SECTION 1107 OF THE PRIOR LAKE ZONING ORDINANCE
RELATED TO THE MINIMUM NUMBER OF REQUIRED OFF-STREET PARKING SPACES
Motion By : Tschetter Second By : Ringstad
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 the City of Prior Lake , on behalf of the
property owner, Bealmake Partners LLC , requesting a variance from the minimum number of
required off-street parking spaces at the following property :
16731 Highway 13 South , Prior Lake MN 55372
Legal Description :
Lot 1 , Block 1 , South Lake Village ( PID 254700010) ; 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 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 , 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 :
1 ) 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 .
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There are practical difficulties in complying with the strict terms of the ordinance . The property
owner has maximized their off-street parking options on this parcel . The parking requirement
of 1 stall per 220 SF of building area cannot be met on the parcel . Subsection 1107. 2303 (3)
of the zoning ordinance provides a sufficient basis to meet the practical difficulty criteria and
grant a variance when the nonconformity is a result of government action . The right-of-way
acquisition and related modifications to ingress and egress points of the South Lake Village
Mall result in the loss of seven off-street parking stalls . The need for a variance request is the
result of government action . The governmental acquisition of property constitutes a practical
difficulty for the purpose of the variance .
2) 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 following purposes of the
zoning ordinance : Protect the residential , business , industrial and public areas of the
community and maintain their stability; promote the most appropriate and orderly development
of the residential , business , industrial , public land and public areas ; and limit congestion in the
public rights-of-way; the proposed variance is due to a street construction project on Duluth
Avenue and Park Nicollet Avenue which will limit congestion in the public right-of-way .
3) 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.
The property owner has maximized their off-street parking options on this parcel . The variance
I s necessary for the preservation and enjoyment of a substantial property right of the owner to
remain competitive and have conforming parking for various types of uses . The variance
request is a result of government acquisition of right-of-way and is not a mere convenience to
the property owner.
4) 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 neighborhood . The
shopping center has existed for many years in this neighborhood and the proposed street
improvements will be an improvement to public safety.
5) The granting of the Variance 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 will not result in allowing any use of the property that is not permitted .
The property is located in the C-2 , General Business use district in which shopping centers
are a use permitted with conditions .
3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following
variance .
a . A 95-stall off-street parking variance from the minimum 370 off-street parking stalls required
(Section 1107. 304 Commercial Uses) .
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4 . The variance is subject to the following condition of approval :
1 ) The variance resolution shall be recorded at Scott County ,
PASSED AND ADOPTED THIS 29th DAY OF MAY 2018 .
VOTE Fleming Tiernan Tschetter Kallberg Ringstad
Aye Brya Fleming Corn sion Chair
Nay El El El El EJ
Absent ❑ ❑ ❑ ❑ ❑ ` a
Abstain ❑ ❑ ❑ ❑ ❑ ATTEST:
Casey McCabe, C leunity Development Director
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