HomeMy WebLinkAboutRes 22-13PC Variance 3857 Roosevelt St.Receipt:# 713276
A1160058
VAR $4600
Return to:
GPRIOR LAKE CITY
IIIIIII IIII IIII II
IIIIII IIIIIIIIII IIIIIIIIIII�I
SE
I I�
PRIOR
PRIOR LAKE MM1J 55372
LAKE I IN 53
Certified Filed and/or recorded on:
7/11 /2022 2: 51 PM
Office of the County Recorder
Scott County, Minnesota
Julie K Hanson, County Recorater
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 22-13PC
A RESOLUTION APPROVING VARIANCE TO ALLOW A DETACHED ACCESSORY
STRUCTURE IN THE FRONT YARD AND FROM THE TOTAL SIDE YARD SETBACK
AT 3857 ROOSEVELT ST SW
Dated this 13th day of June 2022
3857 Roosevelt St SW
ABSTRACT
PID: 250940211
Jeff at e
City of Prior Lake
Return to and drafted by:
City of Prior Lake
Front Desk
4646 Dakota Street SE
Prior Lake, MN 55372
I
4646 Dakota Street SE
Prior Lake. MN 55372
RESOLUTION 22-13PC
VARIANCE TO ALLOW A DETACHED ACCESSORY STRUCTURE IN THE FRONT YARD
AND FROM THE TOTAL SIDE YARD SETBACK ON A PROPERTY LOCATED
IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
Motion By: KALLBERG
Second By: RINGSTAD
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a
public hearing on June 13, 2022, to consider a request from Jake Petersen, the property
owner, to approve variances to allow construction on a dwelling on a property located in
the R-1 (Low Density Residential) Zoning District at the following property:
3857 Roosevelt St SW, Prior Lake, MN 55372 (PID 250940211)
Legal Description: Green Heights, Lot 29, Prior Lake, Scott County, Minnesota; and
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 #DEV22-000009 and held a hearing thereon on June 13, 2022; 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. The lot width
of the property is only 46.31 feet which almost half as much as the standard 86-foot width
required for non -riparian lots in the shoreland district. Due to the depth of the lot, if the garage
was placed in the side of rear yard the construction of the driveway for the garage would lead to
an impervious surface coverage over 30%. The existing lot is a legal non -conformity that will
continue to be used in a reasonable manner.
b. The granting of the variance is in harmony with the general purposes and intent of the
City Subdivision and Zoning Ordinances and the Comprehensive Plan.
The granting of the variances is 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 1130) 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 applicant's proposed plan reduces the impervious surface coverage on the lot from
43.12% to 22.42%, decreasing nonconforming nature of the property.
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 existing home was built prior to the establishment of the zoning ordinance.
d. The granting of the variance 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 Green Heights
Subdivision nor be detrimental to the health and safety of the public welfare. Other dwellings
along the roadway have garages and front setbacks closer than what is being proposed for this
detached accessory structure.
e. The granting of the variance 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 for construction of an accessory structure on a property
with a principal structure and continue the residential use allowed 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 construction on a single-family home in the R-1 SD (Low Density Residential
Shoreland) Zoning District:
a. A variance allowing a detached accessory structure to be located in the front yard (Subsection
1141.207(4)e)
b. A 0.6-foot variance from the required minimum 15-foot foot sum of the side yards on
nonconforming lots (Subsection 1123.201(6)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 13th DAY OF JUNE 2022.
VOTE
Aye
Nay
Absent
Tieman Fleming Kallberg Tschetter Ringstad
❑ ❑ Z Z Z
❑ ❑ ❑ ❑ ❑ 6Jas5Uch�e9tter,ommission Vice -Chair
Z Z ❑ ❑ ❑ F
Abstain ❑ ❑ ❑ ❑ ❑ /--„"" /C. L,,--��
ATTEST: �
Casey McCabe, Community Development Director
2