HomeMy WebLinkAboutResolution 19-04PC - PDEV19-000002 - Variance - 16119 Northwood Road NW Receipt: # 611978 T254711
VAR $4-00 Cert # 56234
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4646 DAKOTA ST SE
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Certified Filed and/or recorded on:
3/26/2019 9 : 42 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 19 - 04PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKE AND BLUFF
SETBACK FOR A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND)
ZONING DISTRICT
eloo
Casey M abe
City ofPrior Lake
Dated this I lt" Day of February 2019 .
16119 Northwood Road NW
TORRENS
PID 251410540
S035T114 , R22
Return to and drafted by :
City of Prior Lake
Community Development Department
4646 Dakota Street SE
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RESOLUTION 19- 04PC
VARIANCE FROM THE MINIMUM LAKE AND BLUFF 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 February
11 , 2019 , to consider a request from Kristi Muller, to approve variances fora reduced lake and reduced bluff setback
to allow the replacement and reconfiguration of a deck on a single-family dwelling located in the R- 1 SD (Low
Density Residential Shoreland) Zoning District at the following property:
16119 Northwood Road NW, Prior Lake, MN 55372
Legal Description :
Lot 85, of the Plat of Northwood , Scott County, Minnesota, except that part lying northerly of a line drawn from a
point in the westerly line of said Lot, distant 162 feet southerly from the Northwest Corner of said Lot, to a point in
the easterly line of said lot, distant 170 . 6 feet southerly from the Northeast Corner of said Lot, Scott County,
Minnesota .
And
Together with the benefits and subject to the burdens of the following described easement, which easement is
appurtenant to Lots 79 , 80 , 81 , 82, 83 , 84, 85 , 86, 87 , 88 , and 89, Townsite of Northwood , Scott County,
Minnesota . Said easement is described as follow, to-wit:
A 20 foot easement for ingress , egress , and roadway purposes over Lots 80 , 81 , 82 , 83, 84 , 85 , 86 , 87, 88 and
89 , Townsite of Northwood , Scott County, Minnesota, as per plat thereof recorded in the office of the County
Recorder, Scott County, Minnesota . Said easement lies 10 . 00 feet on each side of the following described line:
Commencing at the Northeast corner of Lot 89 , said plat of Northwood ; thence South 55 degrees 29 minutes and
42 seconds West assumed bearing , along the Northerly line of said Lot 89 a distance of 24 . 00 feet to the point of
beginning of said line, thence South 27 degrees 30 minutes 18 seconds East a distance of 31 . 50 feet; thence
South 04 degrees 56 minutes 21 seconds West 113 . 47 feet; thence Southwesterly 107 . 31 feet along a tangential
curve, concave to the Northwest, having a radius of 125 . 00 feet and a central angle of 49 degrees 11 minutes 10
seconds; thence South 54 degrees 07 minutes 30 seconds West tangent to said curve a distance of 271 . 84 feet;
thence South 53 degrees 15 minutes 48 seconds West 165 feet more or less to the Westerly line of said Lot 80
and said line terminating . The side lines of said easements shall be lengthened or shortened to end at the
Northerly boundary of said Lot 89 and the Westerly boundary of said Lot 80 .
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 #DEV19-000002
and held a hearing thereon on February 11 , 2019; 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 . This non -conforming lot has an
existing residence which pre-dates the City Code and has a bluff feature . The proposed replacement deck is 48
square feet smaller than the existing deck and will be setback further from both the top of the bluff and OHW than
the existing deck . According to the applicant, the proposed configuration better accommodates seating on the deck
and access to the kitchen .
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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 and
reconfiguration of the existing deck 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.
Due to the minimal lot width , the location of the existing residence as well as the bluff, there is not an option
to replace a deck in a conforming location , A platform less than 30 inches high could be placed at grade
adjacent to the lower level door; however, that would eliminate access to the rear yard from the door on the
main level . The lot width , location of the existing residence and bluff feature creates a practical difficulty not
resulting from actions of the owners of the property.
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 Northwood Road neighborhood nor
be detrimental to the health and safety of the public welfare. The replacement deck will be smaller in area
and have a greater setback from the top of the bluff and OHW than the existing deck.
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 and reconfiguration of an existing deck on a single-
family residential dwelling which is an allowed use within the R- 1 SD (Low Density Residential in 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- 1 SD ( Low Density Residential Shoreland ) Zoning District:
a. A 17-foot variance from the required minimum 25400t bluff setback (Section 1104. 304)
b. A 10400t variance from the required minimum 7546ot lake setback (Section 1104. 302 (4))
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 11th DAY OF FEBRUARY 2019.
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye IN —
t ) Bryan Flemi Commission Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ATTEST :
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCab , Community Development Director
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