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Home My WebLink AboutResolution 18-08PC - 3356 Todd Road SW - Variance Receipt: # 598490 T251458 VAR $46.00 Cert # 39402 Return to: LAKE CITY 4646 I IIIIIIII III VIII VIII (IIII VIII VIII (III IIII 4646 DAKOTA ST SE 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 - 08PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LOT AREA , MINIMUM LAKE SETBACK , AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE R- 1 SD ( LOW DENISTY RESIDENTIAL SHORELAND) ZONING DISTRICT dim alml, Uto Aman a Schwabe, City Planner City of Prior Lake Dated this 11th day of June 2018 , 3356 Todd Road SW, Prior Lake, MN 55372 TORRENS PROPERTY PID : 259030120 Return to and drafted by : City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE PR I Prior Lake, MN 55372 c� : ( iea ` ctrl ® 4 � :� q' t u 1 OF4646 Dakota Street SE Prior Lake, N4N 5 53 72 RESOLUTION 18 - 08PC VARIANCES FROM THE MINIMUM LOT AREA, MINIMUM LAKE SETBACK, AND MINIMUM FRONT YARD 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 June 11 , 2018 , to consider a request from Craig Gillen and Denise Barnhardt-Gillen , 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 : 3356 Todd Road SW, Prior Lake , MN 55372 Legal Description : That part of Government Lot 3 , Section 3 , Township 114 , Range 22 , Scott County, Minnesota, described as follows : Beginning at the southeast corner of Tract A, Registered Land Survey No . 155 , Scott County , Minnesota ; thence North 9 degrees 36 minutes 10 seconds West along the east line of said Tract A , a distance of 182 feet, more or less , to the shoreline of Prior Lake ; thence southeasterly along said shoreline to its intersection with the west line of Tract F, Registered Land Survey No . 108, Scott County, Minnesota ; thence southerly along said west line a distance of 80 feet, more or less , to the intersection with a line draw North 62 degrees 10 minutes 28 seconds East from the point of beginning ; thence South 62 degrees 19 minutes 28 seconds West a distance of 106 . 55 feet to the point of beginning , according to the United States Government Survey thereof and situate in Scott County, Minnesota . Being registered land as evidenced by Certificate of Title No . 36969 . ( PID 259030120) ; 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- 000020 and held a hearing thereon on June 11 , 2018 ; and WHEREAS , The Planning Commission has considered the effect of the proposed variances 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 1 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 associated with this request . This existing lot of record is of substandard size and is located at the end of a street which does not meet current city standards . Todd Road SW does not meet the standard associated with minimum street width and it lacks an adequate turn around area in front of the subject property. This street has a large amount of right- of-way which cannot be vacated in the event future road improvements are necessary. If strict compliance with the City Code were applied , the building envelope on this property is reduced to a triangular area approximately 2 , 300 square feet in size . Construction of a home within this building envelope would likely result in an irregularly shaped structure with views more to the east over the neighboring property rather than straight out to the north to the lake or a structure with a significantly smaller footprint. 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. The location of this substandard lot at the end of Todd Road SW along with the curvature of the OHW are circumstances unique to the property not resulting from actions of the owners , The proposed home is increasing the setback to the front property line in the area in which the existing home is the closest. The potential for possible future road improvements requiring the use of the existing unimproved right-of-way limits the ability to vacate that right-of-way. This circumstance is unique to the property and not resulting from actions of the owners as it was platted in 1961 as part of the development to the south . 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 Todd Road SW neighborhood nor be detrimental to the health and safety of the public welfare . The proposed residence will have a greater front yard setback than the existing home . 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 506 square-foot variance from the minimum 15, 000 square foot lot area required for a non- conforming lot of record in the Shoreland Overlay District (Section 1104. 902 (1)) b. A 1446ot variance from the required minimum 75400t structure setback from the Ordinary High Water (OHIN) elevation of Prior Lake (Section 1104. 308 (2)) c. A 17. 3400t variance from the required minimum 2546ot front yard structure setback (Section 1102. 405 (3)) 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 . 2 PASSED AND ADOPTED THIS 11th DAY OF JUNE 2018 , VOTE Fleming Kallberg Tschetter Ringstad Tiernan Aye ® ® ® ® ® Bryan F emin , Com ' sion Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe mmunity Development Director 3