HomeMy WebLinkAbout19-065 3800 Green Heights Variance Appeal CC
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-065
RESOLUTION TO AFFIRM THE DECISION OF THE PLANNING COMMISSION TO DENY
VARIANCES FROM THE MINIMUM REAR YARD SETBACK AND MAXIMUM IMPERVIOUS
SURFACE REQUIREMENT AT 3800 GREEN HEIGHTS TRAIL SW
Motion By: Briggs Second By: Braid
WHEREAS, Scott Thielen, the property owner, requested variances from the minimum rear yard
setback and maximum impervious surface to construct a new single family
residential dwelling on a property in the R-1(Low Density Residential) Zoning District
at the following described property;
3800 Green Heights Trail SW , Prior Lake, MN 55372
Lots 3 and 4, Green Heights
(PID 250940030)
WHEREAS, The Planning Commission, acting as the Board of Adjustment, reviewed the
application for the variance as contained in Case #DEV19-000007, held a public
hearing thereon March 25, 2019, and continued their discussion of the item on April
22, 2019; and
WHEREAS, The Planning Commission concluded the variances were not consistent with the
criteria set forth in Section 1108.406 of the Zoning Ordinance, and denied the
variances on April 22, 2019; and
WHEREAS, Scott Thielen, the property owner of the subject property, appealed the decision of
the Planning Commission to the City Council; and
WHEREAS, The City Council reviewed the appeal of the Planning Commission’s decision, and
the information contained in Case #DEV19-000007, and held a hearing thereon on
May 20, 2019.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council makes the following findings:
a. The decision of the Planning Commission was properly and timely appealed in
accordance with Section 1108.409 of the City Code.
b. A practical difficulty does not exist on the property for the requested variances.
The 12,400 square foot lot size and the width of the property is adequate for a
reasonable house design which would meet the 25-foot minimum rear yard
setback and maximum impervious surface of the lot (30% of the total lot area). It
is the design elevation and large foot print of the proposed house relating to the
size of the lot that is creating the need for the variances. The desire for a large
house is not a practical difficulty. A house can be built on the lot within the setbacks
and impervious surface requirements and still be quite a substantial structure.
c. The purpose of the setback and impervious surface regulations is to protect
abutting property from encroachments, to keep structures an appropriate distance
from the lake, and to protect the surface water by retaining pervious surface
especially near the lake. The granting of variances to allow additional impervious
surface and encroachment into setbacks is not in harmony with this purpose.
d. A reasonable house design could be constructed within the 30% impervious
surface maximum requirement and minimum rear yard setback requirement at
3800 Green Heights Trail SW. The lot size is 12,400 square feet which is
comparable in size and in fact larger than many lakeshore lots within the City. The
size of the lot is not unique within the City. Several homes have been built in the
City on similar lots, are conforming, and maintain a generous structure. A main
floor master bedroom and third stall garage are mere conveniences.
e. The purpose of the setback and impervious surface regulations is to protect
abutting property from encroachments, to keep structures an appropriate distance
from the lake, and to protect the surface water by retaining pervious surface
especially near the lake. The granting of variances to allow additional impervious
surface and encroachment into setbacks would be detrimental to the health and
welfare of the public especially relating to surface water protection.
f. The impervious surface variance and rear yard setback variance would allow
construction of a residential dwelling which is an allowed use within the R-1 (Low
Density Residential) Zoning District.
3. The contents of Planning Case #DEV19-000007 are hereby entered into and made a part
of the public record and the record of decision for this case.
4. Based upon the Findings set forth above, the City Council hereby affirms the decision of
the Planning Commission to deny the following variances:
a. A 6.9-foot variance from the required minimum 25-foot rear yard setback (Section
1102.405 (3))
b. A 7.5% variance from the required maximum impervious surface (Section
1104.306)
Passed and adopted by the Prior Lake City Council this 20th day of May 2019.
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☒ ☒ ☐ ☒ ☐
Nay ☐ ☐ ☒ ☐ ☒
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Michael Plante, City Manager