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Home My WebLink AboutResolution 18-15PC - 15862 Eagle Creek Ave NE - Variances Receipt: # 610210 A1062057 VAR $46 .00 N Return to: G-PRIOR LAKE CITY 646 DAKOTA ST SE I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIH 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 1845PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LAKE SETBACK AND MINIMUM SIDE YARD SETBACK FOR THE REPLACEMENT OF TWO FAILING RETAINING WALLS ON A PROPERTY IN THE R-2 SD ( MEDIUM DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT je&11111 Amanda Schwabe City of Prior Lake Dated this 22nd day of October 2018 . 15862 Eagle Creek Avenue NE, Prior Lake, MN 55372 Abstract Property . PID : 250320231 T115 , S355 R22 Return to and drafted by : City of Prior Lake Community Development Department 4646 Dakota Street SE Prior Lake , MN 55372 � l . i o� pRO�P u � 4646 Dakota Street SE '9ftntsso'vt Prior Lake. N4N 55372 RESOLUTION 18 - 15PC VARIANCES FROM THE MINIMUM LAKE SETBACK AND MINIMUM SIDE YARD SETBACK FOR THE REPLACEMENT OF TWO FAILING RETAINING WALLS ON A PROPERTY IN THE R-2 SD (MEDIUM 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 October 22, 2018 , to consider a request from Thane Tande of Knotty Oar Marina Corp . , to approve variances to allow the replacement of two , failing timber retaining walls with a single retaining wall located on property in the R-2 SD (Medium Density Residential Shoreland) Zoning District at the following property : 15862 Eagle Creek Avenue NE , Prior Lake , MN 55372 Legal Description : All that part of Block 7, GRAINWOOD , Scott County, Minnesota and that part of the now vacated Beach Drive as originally dedicated in said Plat of GRAINWOOD , described as follows : Beginning at the Northwest corner of the South 60 . 00 feet, as measured at right angles to the southeasterly line thereof, of Lot 10, said Block 7 ; thence northeasterly along the northerly line of said South 60 . 00 feet, and its northeasterly extension , to the westerly right of way line of County Road Number 21 ( Eagle Creek Avenue NE) ; thence southeasterly, along said right of way line , to its intersection with the shore line of Prior Lake ; thence southerly and westerly, along said shoreline , to its intersection with the southerly extension of the westerly line of Lot 18 , said Block 7 ; thence northerly, along said southerly extension , and along the westerly line of said Lot 18 and along the westerly line of Lots 15 , and 14 and 11 and 10 , all in said Block 7 , to the point of beginning . (Old PID 250320230 ; New PID 250320231 ) ; 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 the variance requests , 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 variances as contained in Case #DEV18- 000037 and held a hearing thereon on October 22, 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 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 . Retaining wall(s) are necessary on this property to accommodate the grades of the neighboring property. A new, concrete block wall will greatly reduce the amount of erosion occurring and will provide an aesthetically pleasing option that will last for many years . 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 the retaining walls 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 existing , timber walls were not installed by others in the 1960' s and are failing . The hydrant on the property was installed in the late 1970's ; again , not by the applicant . The configuration of the shoreline limits the ability to meet the required setback from the OHW. Meeting the required 10400t side yard setback to the south j would require the removal of additional asphalt currently utilized for parking , narrowing the drive aisle, and bringing in a substantial amount of fill . 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 Grainwood neighborhood . There are other retailing walls of similar construction along Eagle Creek Avenue NE . The existing timber retaining walls are failing and replacement is necessary to preserve the integrity of the topography of that area. 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 retaining wall which is an allowed use within the R-2 SD ( Medium Density Residential Shoreland) 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-2 SD (Medium Density Residential Shoreland) Zoning District : a. A 33400t variance from the required minimum 75400t structure setback from the Ordinary High Water (OHM elevation of Prior Lake (Section 1104. 302 (4)) b. An 846ot variance from the required minimum 1046ot side yard structure setback (Section 1102. 505 (1)) 4 . The variances are subject to the following conditions of approval : a . The variance resolution shall be recorded at Scott County. b . Excavation and Grading Permit shall be obtained from the Engineering Department prior to the commencement of construction . c . Permanent bollards shall be provided around the hydrant for protection . d . Monitoring and Maintenance Agreement shall be executed and recorded along with an easement for the watermain/hydrant. e . Submit copy of executed Agreement between Grainwood West Townhome Association and the applicant regarding access , property disturbance , and maintenance of the retaining wall . 2 PASSED AND ADOPTED THIS 22nd DAY OF OCTOBER 2018 . VOTE Fleming Kallberg Tschetter Ringstad Tiernan Aye ❑ ® ® ® ® Dave Tiernan , Commission Vice-Chair Nay ❑ ❑ ❑ ❑ ❑ Absent ® ❑ ❑ ❑ ❑ ATTEST : Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe ommunity Development Director 3