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Home My WebLink AboutResolution 18-11PC - 6018 - 150th Street SE - Variances Receipt: # 598483Receipt: # 598483 T251 455 A► 1050667 VAR $46.00 Cert # 54003 VAR $46.00 4646 D to: I IIIIIIII III VIII (IIII VIII VIII VIII IIII IIII 4646 DAKOTAOR LAKE 11111111111111111111111111111111111111111111111111 PRIOR LAKE G-PRIMN 55372 E CITY 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on: Certified Filed and/or recorded on: 7/23/2018 10 : 47 AM 7/23/2018 10 : 47 AM Office of the County Recorder Office of the Registrar of Titles Scott County , Minnesota Scott CountyMinnesota Julie K. Hanson, County Recorder 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 1841PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LOT WIDTH AND MINIMUM LAKE SETBACK TO ALLOW A MAJOR REMODEL WHICH WILL ENLARGE AN EXISTING , NON -CONFORMING STRUCTURE ON A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT cy Amanda Schwabe City of Prior Lake Dated this 9t" day of July 2018 . 6018 1501" Street SE, Prior Lake, MN 55372 ABSTRACT & TORRENS PROPERTY T115 , S305R21 PID : 251170030 Return to and drafted by : City of Prior Lake Community Development Department � ., 0OVIV _ 4646 Dakota Street SE F' ( Prior Lake, MN 55372 Seal a 6 Oro gr�f�r 6 � o� FRI() ti U 4646 Dakota Street SE '�nvso �A Prior Lake, MN 55372 RESOLUTION 18 . 11PC VARIANCES FROM THE MINIMUM LOT WIDTH AND MINIMUM LAKE SETBACK TO ALLOW A MAJOR REMODEL WHICH WILL ENLARGE AN EXISTING , NON -CONFORMING STRUCTURE ON 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 July 9 , 2018 , to consider a request from Corey Haugen , to approve variances to allow a major remodel of a non - conforming single-family dwelling which includes the addition of a garage and living space on a property located in the R- 1 SD ( Low Density Residential Shoreland) Zoning District at the following property : 6018150th Street SE , Prior Lake , MN 55372 Legal Description : Lot 2 and the West % of Lot 3, Block 1 , EASTWOOD , City of Prior Lake , Scott County, Minnesota ( PID 25- 1170030) 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- 000027 and held a hearing thereon on July 9 , 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 existing home is on a large lot which is well under the allowed impervious surface percentage . The home is approximately 2 , 000 square feet in size and does not have an attached garage . The proposed addition will result in an approximately 3 , 600 sq . ft. residence with a 2-car garage , which is reasonable on a lot that is over an acre in size . Due to the location of the covered porch and stairs within the required lake setback, the structure is legally nonconforming ; therefore , any addition to the home would require a variance . 1 Staff discussed with the applicant reconfiguring the existing stairs and covered porch to comply with the lake setback; however, the covered deck is a primary gathering place for their family and reducing it in size would require significant alterations to the existing roof and limit the ability to utilize the covered deck for seating and entertaining . 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 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. The applicant purchased the property in 2016 . The existing residence and a majority of the deck meet the OHW setback; however, a portion of the covered deck and part of the deck stairs encroach on the setback. As a result, any addition to the residential structure would be considered an expansion of a non-conforming structure and would require a variance. The proposed addition meets all the setback requirements. 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 150th Street neighborhood . Most of the existing residences in this neighborhood have attached garages that are greater than 2 stalls in size. 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 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 11. 24400t variance from the required minimum 75-foot structure setback from the Ordinary High Water (OHM elevation of Prior Lake (Section 1104. 302 (4)) b . A 1 &foot variance from the minimum 90-foot lot width for a Riparian Lot on a General Development Lake) (Section 1104. 302 (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 . PASSED AND ADOPTED THIS 9th DAY OF JULY 2018 . VOTE Fleming Kallberg Peterson Ringstad Tieman Br' nm �Aye son Chair Nay ❑ ❑ ❑ ❑ 11 `/�� Absent ❑ ❑ El El ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe unity Development Director 2