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Home My WebLink AboutResolution 19-13PC - PDEV19-000023 - Variance - 16840 Highway 13 So Receipt: # 632629 A1080359 VAR $46.00 G PR OR LAKE CITY ( IIIIII) IIII II I I (I . 4646 DAKOTA ST SE II I ( (IIII VIII (IIII VIII IIII IIII PRIOR LAKE MN 55372 Certified Piled and/or recorded on: 11 /26/2019 8 : 34 AM Office of the County Recorder Scott County , Minnesota Julie K. Hanson, County Recorder STATE OF MINNESOTA) )ss . COUNTY OF SCOTT ) The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 1943PC A RESOLUTION APPROVING VARIANCES FROM MINIMUM REQUIRED PARKING SETBACK FOR A PROPERTY IN THE R-3 ( HIGH DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT J Me City of Prior Lake Dated this 23rd day of September 2019 , 16840 Highway 13 South Abstract Property PID : 259021040 Return to and drafted by : City of Prior Lake Community Development Department 4646 Dakota Street SE U 1 Prior Lake, MN 55372 041 Is !'�. i ♦ .$ sW t rT • ' ! 1 ( s� : 'ort® , ' rp E O� PRIo, � e u �� 4646 Dakota Street SE Prior Lake , MN 5 53 72 AtINNESoe� P RESOLUTION 19. 13PC VARIANCE FROM THE MINIMUM REQUIRED PARKING SETBACK FOR A PROPERTY IN THE R03 (HIGH DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Motion By : Tschetter Second By. Kallberg 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 Amcon Construction , on behalf of the property owner, Faith Evangelical Lutheran Church , to approve a variance from the minimum required parking setback to construct a parking lot expansion on a property located in the R-3 ( High Density Residential ) Zoning District at the following property : 16840 Highway 13 South , Prior Lake , MN 55372 PID 259021040 Legal Description : That part of the West half of the Southwest Quarter of Section 2 , Township 114 , Range 22 , Scott County, Minnesota described as follows : Beginning at the intersection of the East line of said West % of the Southwest '/ and the Northerly right-of- way line of Tunk Highway No . 13 ; thence North along said East line a distance of 656 . 05 feet; thence West at right angles a distance of 300 feet; thence South parallel to said East line a distance of 795 . 94 feet, more or less , to said Northerly right-of-way line ; thence Northeasterly along said right-of-way line to the point of beginning . 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- 0000023 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 . Practical difficulties exist for the applicant in this case for the existing shared parking lot the parking setback to be less than 5 feet of the side property line . Shared parking lots are recommended by City Staff as a way to reduce impervious surface coverage , reduce storm water treatment needs , and increase efficiency of 1 access points and redundancies of site features . The application of a shared parking lot at the site will allow the adjacent church land use to maintain its required parking while sharing it with the new day care facility . 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 . Two purposes of the Zoning Ordinance are to "promote the most appropriate and orderly development of the residential , business, industrial , public land and public areas enhance the aesthetic character and appearance of the City" and "provide adequate off-street parking and loading facilities" . The addition of the Group Day Care Land Use will allow for orderly development of the site and create additional efficiency of the site's existing parking area . 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. A practical difficulty does exist due to the orientation of the property features . The shared parking lot will increase the efficiency of the parking areas and reduce grading and impervious surface on the site . 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 will not alter the existing character of the neighborhood and will not be detrimental to the health and safety of the public welfare . The access location along Five Hawks Avenue will remain unchanged and will eliminate the need for another access point on the public street. 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 granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district. A Group Day Care/Nursery School Land Use is an allowed use within the R-3 , High Density Residential Zoning District. 3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following variance to allow the expansion of a parking lot in the R-3 (High Density Residential) Zoning District: a . A 5-foot variance from the required minimum 546ot parking setback (Section 1107. 205) 4 . The variances are subject to the following conditions of approval : a . The variance resolution shall be recorded at Scott County. b . Building Permit/Grading Permit shall be obtained from the Building and Engineering Departments prior to the commencement of construction . c. The variance approval is contingent of the approval of a rezoning of the property from a R- 1 ( Low Density Residential) to a R-3 (High Density Residential) Zoning District and the Final Plat of New Creation Addition , PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER 2019 . VOTE Fleming Kallberg Tschetter Ringstad Tiernan lyAFlemrfli Commssion Chair Aye , Nay ❑ ❑ ❑ ❑ ❑ //� Absent L1 ❑ ❑ El El ATTEST : `'� �C/( Abstain ❑ ❑ ❑ ❑ ❑ Casey McCa pi 6ommunity Development Director 2