HomeMy WebLinkAboutResolution 19-02PC - PDEV18-000043 - Vairances - 14480 Shady Beach Trl NE 6
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VAR $46.00
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PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
2/ 11 /2019 11 : 50 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 19 - 02PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LAKE SETBACK,
MINIMUM SIDE YARD SETBACK, AND MINIMUM FRONT YARD SETBACK FOR A
PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND) ZONING
DISTRICT
Jef e ---
City of Prior Lake
Dated this 28th day of January 2019 .
14480 Shady Beach Trail NE, Prior Lake, MN 55372
Abstract Property
PID : 250460070
T 115 , S 25 , R 22
Return to and drafted by :
City of Prior Lake
Community Development Department
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4646 Dakota Street SE
MS010 Prior Lake. MN 55372
RESOLUTION 19 -02PC
VARIANCES FROM THE MINIMUM LAKE SETBACK, MINIMUM SIDE YARD SETBACK,
AND MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE RA SD ( LOW
DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT
Motion By . Tschetter Second By : Ringstad
WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment , conducted
a public hearing on January 28 , 2019 , to consider a request from Joseph Cade , to
approve variances 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 :
14480 Shady Beach Trail NE , Prior Lake , MN 55372
Legal Description :
Lot 7 , SHADY BEACH NO . 2 , Scott County , Minnesota .
PID 250460070
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 - 000043 and held a hearing thereon on January 28 , 2019 ;
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 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
associated with this request . This existing lot of record is of substandard size . The
triangular shape of the property does not allow a reasonable residential dwelling to be
constructed without the need for setback variances . If strict compliance with the City
Code were applied , the building envelope on this property is reduced to an area
approximately 150 square feet in size .
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 size and shape of this substandard lot are circumstances unique to the property
not resulting from actions of the owners . The proposed home is increasing the setback
from the lake and side property line .
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 Shady Beach
Trail neighborhood nor be detrimental to the health and safety of the public welfare .
The proposed residence will have a greater lake and side yard setback than the
previously 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 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 a single-family residential dwelling in the
R- 1 SD ( Low Density Residential Shoreland ) Zoning District :
a . A 50400t variance from the required minimum 75400t structure setback from the
Ordinary High Water (OHM elevation of Prior Lake (Section 1104. 308 (2))
b. A 2. 0400t variance from the required minimum 7. 0400t side yard structure setback
due to the proposed length of the side wall of the structure (Section 1102. 405 (7))
c. A 15. 4400t variance from the required minimum 25400t front yard structure setback
(Section 1102. 405 (3))
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4 . The variances are subject to the following conditions of approval :
a . The requested public right- of-way vacation of at least 977 square feet is approved by
the City Council
b . The variance resolution shall be recorded at Scott County.
c . A building permit shall be obtained from the Building Department prior to the
commencement of construction .
PASSED AND ADOPTED THIS 28th DAY OF JANUARY 2019 .
VOTE Fleming Kallberg Tschetter Ringstad Tiernan r
Aye - Bryan Fle ing , Com 'ssion 9hair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑ ATTEST: /
Abstain E] ❑ ❑ El ❑
Casey McCabe , C munity Development Director
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