HomeMy WebLinkAboutResolution 19-07PC - PDEV19-000010 - Variance - 14553 Glendale Avenue NE Receipt: # 619380 A1068572
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G-PRDAKOTA
KOTA ST E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
4646
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
6/ 17/2019 11 : 39 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 - 07PC
A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK
MINIMUM STRUCTURE SETBACK TO THE ORDINARY HIGH WATER ( OHW) MARK OF
PRIOR LAKE FOR A PROPERTY IN THE R- 1 SD ( LOW DENSITY RESIDENTIAL
SHORELAND) ZONING DISTRICT
e
Ciof Prior Lake
Dated this 13th day of May 2019 .
14553 Glendale Avenue NE
ABSTRACT
PID : 259301100
PDEV 19 - 000010
T115 , S30 , R21
Return to and drafted by :
City of Prior Lake
Community Development Department
4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 19 . 07PC
VARIANCE FROM THE MINIMUM FRONT YARD SETBACK MINIMUM STRUCTURE SETBACK TO THE ORDINARY
HIGH WATER (OHW) MARK OF PRIOR LAKE FOR A PROPERTY IN THE R- 1 SD (LOW DENSITY RESIDENTIAL
SHORELAND) ZONING DISTRICT
Motion By: Kallberg Second By : Tschetter
WHEREAS, The Prior Lake Planning Commission , acting as the Board of Adjustment, conducted a public hearing onMay
13, 2019 , to consider a request from Brian Wenngatz, to approve variances from the minimum front yard
setback and minimum structure setback to Lower Prior Lake to construct a new single-family dwelling located
in the R- 1 SD (Low Density Residential Shoreland ) Zoning District at the following property:
14553 Glendale Avenue NE , Prior Lake, MN 55372
PID 259301100
Legal Description :
That part of Government Lot 6 , Section 30 , Township 115 , Range 21 , Scott County, Minnesota described as
follows :
Beginning at the Northeast corner of the plat of Oakland Beach 1st Addition : thence West (assumed bearing )
along the North line of said plat a distance of 140 . 22 feet; thence North at right angles a distance of 245 . 83
feet to the intersection with a line , said line being described as commencing at the intersection of the East and
West quarter line running through said Section 30 with the Government meander line ; thence running in a
straight line and in a Northwesterly direction to the most Easterly corner of Lot 5 in the plat of Boudin 's Manor
Second Addition ; thence Southeasterly along afore described line a distance of 141 . 20 feet to the intersection
with a line which bears North from the point of beginning ; thence South a distance of 229 . 26 feet to the point
of beginning .
And
That part of Section 30 , Township 115 , Range 21 , Scott County, Minnesota, described as follows :
Commencing at the Southeast corner of Oakland Beach 5th Addition , thence north along the east line of said
Oakland beach 5th Addition to the Northeast corner thereof and the point of beginning of the land to be
described ; thence deflecting to the right 25 degrees 00 minutes to the shore line of Prior Lake ; thence
southeasterly and easterly along said shore line to its intersection with the flowing described line :
Commencing at the intersection of the East and West quarter line running through said Section , with the
Government meander line ; thence in a straight line and in a northwesterly direction to the most easterly corner
of Lot 5 Boundin 's Manor 2nd Addition , and said line there terminating , said last described line to be hereinafter
referred to as the "Court Judgement Line'; thence westerly along said "Court Judgment Line" to the point of
beginning . , � I ,
And
An easement for ingress and egress over:
That part of Lot 1 , Block 1 , Oakland Beach 5th Addition , Scott County, Minnesota , which lies southeasterly of
the following described line : Beginning at a point on the south line of Lot 1 , 20 feet westerly of the southeast
corner of said Lot 1 , the point of beginning of the line to be described ; thence northeasterly to a point on the
east line of said Lot 1 , 20 feet northerly of the southeast corner of said lot 1 , and said line there terminating ,
WHEREAS , Notice of the public hearing on said variance request was duly published in accordance with the applicable
Prior Lake Ordinances ; and
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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-
0000010 and held a hearing thereon on May 13 , 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 lot has an existing
residence which pre-dates the City Code and lies in a nonconforming setback distance (44 feet) from Lower
Prior Lake . The proposed house is setback over 15 feet further (59 . 9 feet) from the OHW than the existing
house . A front yard setback distance of 25 feet is required from the southern property line , however, this lot
line is more characteristic of a typical side lot line (with 10-foot setback) due to the lack of public street or
infrastructure in the area .
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 proposed variance requests
are in harmony with these purposes and policies since the applicant has proposed a reasonable dwelling in
the most reasonable location on the property that has minimal impact in proximity to the lake and adjacent
properties .
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 aspect of the lake on the north and east side of the property, a limited buildable area exists on the site .
The uniqueness of the right-of-way (without a street or utilities) to the south also presents a practical difficulty
for 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 Glendale Avenue neighborhood nor
be detrimental to the health and safety of the public welfare . The applicant has chosen to locate the proposed
house in the southwestern corner of the property so that it is further from the lakeshore and does not further
restrict lake views of the adjacent neighboring properties .
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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 new 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 a single-family residential dwelling in the R- 1 SD ( Low Density Residential Shoreland)
Zoning District :
a . A 15-foot variance from the required minimum 25400t front yard setback (Section 11020 504)
b . A 15. 1 -foot variance from the required minimum 75400t structure setback to the ordinary high water mark of
Lower Prior Lake (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 13TH DAY OF MAY 2019 .
c^
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye ❑ ® ® El ® Dave Tiernan , Commission Vice-Chair
Nay ❑ ❑ ❑ ❑ ❑ �
Absent ® ❑ ❑ ® ❑ ATTEST : (�
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe , Zmmunity Development Director
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