HomeMy WebLinkAboutResolution 19-10PC - PDEV19-000022 - Variances - 14472 Shady Beach Trail NE Receipt: # 632629 A1080356
VAR $46.00
Return to:
G-PRIOR LAKE 4646 D KOTA TI E I IIIIIII IIII VIII VIII VIII VIII VIII VIII IIII IIII
PRIOR LAKE MN 55372 Certified Filed and/or recarded on:
11 /26/2019 8 : 34 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 time and correct copies of
RESOLUTION 1940PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM FRONT AND LAKE
SETBACK FOR A PROPERTY IN THE R- 1 ( LOW DENSITY RESIDENTIAL SHORELAND )
ZONING DISTRICT
Amanda Schwabe
City of Prior Lake
Dated this 91h day of September 2019 .
14472 Shady Beach Trail NE
Abstract Property
PID : 250460050
Return to and drafted by :
City of Prior Lake
Community Development Department
4646 Dakota Street SE
�►• •PR/0 Prior Lake, MN 55372
ILA
r qt;
: v
��~MMMNIM• • .
i
o� PR10
OEM#U �� 4646 Dakota Street SE
Prior Lake, MN 55372
4tINNESoe� P
RESOLUTION 19- 10PC
VARIANCES FROM THE MINIMUM FRONT AND LAKE SETBACK 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 on September
91 2019 , to consider a request from Ronald and Elizabeth Reinsma, to approve variances for a reduced front and
lake setback to allow the construction of a single-family dwelling located in the R- 1 SD (Low Density Residential
Shoreland) Zoning District at the following property:
14472 Shady Beach Trail NE , Prior Lake, MN 55372
Legal Description : � � LI
Lot 5 , Shady Beach No . 2, Scott County, Minnesota.
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 #DEV19-000022
and held a hearing thereon on September 9 , 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 is angular
in shape and does not realistically allow for a basement due to the lowest floor elevation for Lower Prior Lake . As a
result, the livable area above grade is divided into two stories which are comparable in size with other residences
in the neighborhood .
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 is 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 residence is similar to other residences in
the neighborhood and is more than three times the setback of the previous residence and is in harmony with general
purposes of the City Code and Comprehensive Plan .
1
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 non -conforming lot area, the angle of the front property line and the lake as well as the lack of feasibility to have
a basement in the proposed residence creates practical difficulties that are 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 Shady Beach Trail neighborhood nor be
detrimental to the health and safety of the public welfare .
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 single-family residence which is an allowed use within
the R- 1 SD 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 dwelling in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District :
a. A 5-foot variance from the required minimum 25400t front setback (Section 1102. 405 (3))
b. A 14, 43400t variance from the required minimum 50-foot lake setback (Section 1104. 308 (2))
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 9th DAY OF SEPTEMBER 2019 .
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye ❑ x: 'K °¢L � Dave Tiernan , Commission Vice-Chair
/
Nay ❑ ❑ ❑ ❑ ❑
Absent P; ❑ ❑ ❑ ❑ ATTEST :
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe, Community Development Director
2