HomeMy WebLinkAboutResolution 19-11PC - PDEV19-000008 - Denial of a Variance - 15402 Forsythe Road NE Receipt: # 632629 A1080357
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PRIOR LAKE MN 55372 Certified Filed and/or recorded 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 51
attached hereto is the original true and correct copies of
RESOLUTION 19- 1IPC
A RESOLUTION Denial of a VARIANCES FOR A PREVIOUSLY CONSTRUCTED
DECK/LANDING TO REMAIN IN THE BLUFF IMPACT ZONE FOR A PROPERTY IN THE RA
SD ( LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
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City ofrior Lake
Dated this 9th day of September 2019 .
15402 Forsythe Road NE
Abstract Property
PID : 250480120 .
Return to and drafted by :
City of Prior Lake
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RESOLUTION 19- 11 PC
DENIAL OF A VARIANCE FOR A PREVIOUSLY CONSTRUCTED DECKILANDING TO REMAIN IN THE BLUFF
IMPACT ZONE 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 9 , 2019 , to consider a request from Dan Dauffenbach , the property owner, to approve a
previously constructed deck/landing to remain in the bluff impact zone for a property
located in the R- 1 SD (Low Density Residential Shoreland ) Zoning District at the following property:
15402 Forsythe Road NE , Prior Lake , MN 55372
Legal Description :
Lot 12 , Block 1 , MAVES SECOND LAKE ADDITION , Scott County, Minnesota ,
PID 250480120
WHEREAS, The Property owner has installed or modified various improvements in the bluff impact zone on the
property over the last several years including a stairway from the dwelling to the lake with landings ; and
WHEREAS, Staff determined that the 144 square-foot deck/landing which had been added would need a variance to
remain ; and
WHEREAS , Notice of the public hearing on the requested variance 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-
000008 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
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proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance.
Economic considerations alone do not constitute practical difficulties .
A practical difficulty for the request to maintain the current deck/landing area does not exist . The applicant
installed the deck/landing area within the bluff impact zone without a permit. The purpose of the stairway
and landing system is to permit access up and down the bluff slope which would be fulfilled with a
maximum allowed 32 square foot area per City Code .
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 variance is not 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 larger 144 square
foot deck/landing area is an expansion of a previous legal nonconforming patio area in the bluff impact
zone .
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 lot has an existing residence which pre-dates the City Code and has a bluff feature . A deck/landing
area that is larger than 32 square feet is a mere convenience and resulted only from the property owner's
actions .
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 variance for the 144 square foot deck/landing area allows for a nonconforming landing
area to remain on the site and is detrimental to the bluff area .
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 variance would allow the current 144 square foot deck/landing within the bluff impact zone .
The feature is an accessory use to 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 denies the following variance to
allow a previously constructed deck/landing in the R- 1 SD (Low Density Residential Shoreland ) Zoning
District:
a. A variance to allow a previously constructed144 square-foot deck/landing to remain in the bluff impact
zone (Section 1104. 303)
PASSED AND ADOPTED THIS 9T" DAY OF SEPTEMBER 2019 .
VOTE Fleming Kallberg Tschetter Ringstad Tiernan
Aye ❑ ;W X David Tieman , Commission Vice Chair
Nay ❑ ❑ ❑ ❑ ❑
elf
Absent .9 ❑ ❑ ❑ ❑ ATTEST: _ � iy
Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe , Community Development Director
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