The URL can be used to link to this page

Home My WebLink AboutResolution 19-05PC - PDEV19-000009 - Variances - 6370 Conroy Street NE Receipt: # 616529 A1066592 VAR $46.00 4Return to: G-PRIOR LAKE CITY 646 DAKOTA ST E I IIIIIII IIII VIII VIII VIII VIII VIII 11111 IN III PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 5/14/2019 1 : 05 PM 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 - 05PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM LAKE SETBACK AND EXPANSION OF A NON - CONFORMING STRUCTURE ON A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL SHORELAND ) ZONING DISTRICT 144 W14k 00 Amanda Schwabe City of Prior Lake Dated this 22°a day of April 2019 . 6370 Conroy Street NE ABSTRACT PROPERTY PID : 251140060 T115 , S30 , R21 Return to and drafted by , City of Prior Lake Community Development Department 4646 Dakota Street SE • O F . �' H 1r ) , ' • • Prior Lake , MN 55372 9411' ; ; 1 rap �*1�-,1. c �y4, /,. 10 f amp go 0040 l • g i O� PRIp� I U 4646 Dakota Street SE Prior Lake, N N 55372 '�rINNESO' RESOLUTION 19 . 05PC VARIANCES FROM THE MINIMUM LAKE SETBACK AND EXPANSION OF A NON -CONFORMING STRUCTURE ON A PROPERTY IN THE R- 1 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 April 22, 2019, to consider a request from Timothy and Megan Maher, to approve variances for a reduced lake setback and expansion of a non -conforming structure to construct a deck on a single-family dwelling located in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District at the following property: 6370 Conroy Street NE , Prior Lake , MN 55372 Legal Description : ( as per Document No . A943196 ) That Part of Lot 41 , CONROY' S BAY, Scott County, Minnesota, according to the recorded plat thereof, lying southwesterly of a line drawn from a point on the easterly line of Lot 41 , distant 30 . 00 feet northerly of the southeasterly corner of Lot 41 , to a point on the westerly line of Lot 41 distant 27 . 50 feet northerly of the southwesterly corner of Lot 41 , AND all of Lot 40, AND that part of Lot 39 described as follows : Beginning at the Northwesterly corner of said Lot 39 and running thence Southerly along the Westerly line thereof a distance of 10 . 1 feet; thence easterly to the Northeasterly corner of Lot 39 : thence Westerly along the Northerly line of Lot 39 to point of beginning ; and that part of the adjacent road described as follows : Beginning at the northwesterly corner of the South Half of said Lot 41 and running thence Westerly along the extension of the Northerly line of South Half of Lot 41 a distance of 4 . 7 feet; thence deflecting 90 degrees 55 minutes to the left a distance of 48 . 6 feet; thence deflecting 21 degrees 22 minutes to the left a distance of 36 feet to the Southwesterly corner of Lot 40 ; thence Northerly along the westerly line of said Lot 40 and the Westerly of the South Half of Lot 41 to the point of beginning , all according to the plat of Conroy's Bay on file and of record in the office of the Register of Deeds , of Scott County, Minnesota . o ) ,5 / i y 0Ozo 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 variances as contained in Case #DEV19-000009 and held a hearing thereon on April 22, 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 does not meet with required front yard or lake setback . Since the existing residence (without the deck) is located approximately 46 feet from the OHW at its closest point, there is not a location on the rear of the home where a deck could be constructed in a conforming location . 1 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 construction of a 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 location of the existing residence and narrow depth of the lot, there is not an option to construct a deck in a conforming location on the rear of the residence . The existing sidewalk on the south side of the home would be covered if the deck were enlarged on the south side . The applicants are not proposing an access to the deck from the front of the home therefore , covering the sidewalk would eliminate a hard surface access to the rear of the yard and would place the deck very close to the neighboring structure . The lot width and location of the existing residence 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 Conroy Street NE neighborhood nor be detrimental to the health and safety of the public welfare . Most of the neighboring residences have decks, which have setbacks ranging from approximately 9 feet to 50 feet from the 904 elevation . Based on aerial photos, the average setback from the furthest protrusion of the existing residences to the 904 elevation in this area is approximately 31 feet, so the proposed 36-foot setback will not alter the character of the neighborhood . 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 construction of a 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 deck in the R- 1 SD (Low Density Residential Shoreland) Zoning District: a. A 16. 5400t variance from the required minimum 52. 5400t lake setback (Section 1104. 308(2)) b. Expanding a non-conforming structure (Section 1107. 2303 (2) a.) 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 22nd DAY OF APRIL 2019 . VOTE Fleming Kallberg Tschetter Ringstad Tiernan Aye NK X� Bryan FI ming , om "Ch air Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe , C Kmunity Development Director 2