HomeMy WebLinkAboutResolution 18-14PC - 14313 Watersedge Trail NE - Variance Receipt: # 603760 Al 055102
VAR $46 .00
G-R OR LAKE CITY I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
4646 DAKOTA ST SE i.
PRIOR LAKE MN 55372 Certified Filed andlor recorded ow.
10/5/2018 8 : 14 AM
Office of the County Recorder
Scott County , Minnesota
Julie K. Hanson, County Recorder
J
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 1844PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK
FOR A DETACHED ACCESSORY STRUCTURE ON A PROPERTY IN THE R- ISD ( LOW
DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT
- C�
Casey McCa
City of P or Lake
Dated this 24th day of September 2018 .
14313 Watersedge Trail NE, Prior Lake , MN 55372
ABSTRACT
PID : 251190460
S30 , T115 , R21
Return to and drafted by ,
City of Prior Lake
Community and Economic Development Department
4646 Dakota Street SE
�� Prior Lake , MN 55372
�0 \o « : pu'+o�o, • nat
CJ : : (6ty eal1 ' X .
Lit 0
71
11j 11111111111
I
ti
U
tri
4646 Dakota Street SE
'�Mivfisoz�' Prior Lake. NIN 55372
RESOLUTION 18A4PC
VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A DETACHED
ACCESSORY STRUCTURE ON A PROPERTY IN THE RASD ( LOW DENSITY
RESIDENTIAL SHORELAND ) ZONING DISTRICT
Motion By : Ringstad Second By : Tiernan
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment conducted
a public hearing on September 24 , 2018 , to consider a request from David
Kurschner, Larson Custom Remodeling (applicant) , on behalf of Brian and Jennifer
Matthews ( property owners) for a reduced front yard setback to allow the
replacement of a detached accessory structure located in the R1 -SD ( Low Density
Residential Shoreland ) Zoning District at the following property :
14313 Watersedge Trail NE , Prior Lake , MN 55372
Legal Description :
Lots 53 and 54 , Boundin 's Manor, Scott County , Minnesota .
( PID 251190460)
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 # DEV18-000034 and held a hearing thereon on September 24 ,
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 :
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
1
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
residential property was platted in 1950 and has unique characteristics including its
location between two residential streets and that the residence does not have an
attached garage . The proposed garage placement allows for continued use of the
existing ramp system and access from a garage to the residence for their disabled son
as well as additional storage space .
b . The granting of the Variances is 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
replacement of a detached garage to allow for vehicles to park inside the garage and
for additional storage purposes is in harmony with these purposes and policies .
G . 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.
This through street property and existing garage configuration with a single door are
practical difficulties not resulting from actions of the property owners . The proposed
garage configuration and placement is not a mere convenience , rather it allows for
vehicle storage inside of the structure and shelter for the transportation of their
disabled family member.
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 Watersedge
Trail NE/Rutgers Street NE neighborhood . There are other properties in this area with
similar lot conditions and detached accessory structures .
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 construction of a detached accessory structure
which is an allowed accessory use within the R- ISD ( Low Density Residential
Shoreland ) Zoning District ,
3 . Based upon the findings set forth herein , the Planning Commission hereby approves the
following variances to allow construction of a detached accessory structure in the R- ISD
( Low Density Residential Shoreland ) Zoning District :
a . A 746ot variance from the minimum 25400t minimum 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 .
2
b . A Demolition Permit shall be obtained prior to removal of the existing structure .
c . A Building Permit shall be obtained prior to commencing construction of the
proposed structure .
PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER 2018 ,
VOTE Fleming Kallberg Peterson Ringstad Tiernan
Aye )K ❑
Nay ❑ ❑ ❑ ❑ Bryan Fkwi g , Commission Chair
Absent ❑ ❑ ;f ❑ ❑ <?
Abstain ❑ ❑ ❑ ❑ ❑
ATTEST :
Casey McCJabe, Community Development Director
3