HomeMy WebLinkAboutRes 22-15PC - Variance 16280 Park Ave SE.Receipt:# 713276
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4646 AKOTA ST SE
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
7/11 /2022 2:51 PM
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 22-15PC
A RESOLUTION APPROVING VARIANCE FROM THE LAKE SETBACK TO ALLOW
CONSTRUCTION OF A DECK ON A PROPERTY LOCATED AT 16280 PARK AVE SE
Dated this 13th day of June 2022
16280 Park Ave SE
ABSTRACT
Pto PID:250960098
Jef at e
City o rior 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, N N 55372
RESOLUTION 22-15PC
VARIANCE FROM THE LAKE SETBACK TO ALLOW CNSTRUCTION OF A DECK ON A PROPERTY
LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
Motion By: RINGSTAD Second By: KALLBERG
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 Craig Janis, the property
owner, to approve a variance from the lake setback to build a deck on a property located
in the R-1 (Low Density Residential) Zoning District at the following address:
16280 Park Ave SE, Prior Lake, MN 55372 (PID 250960098)
Legal Description: Lakeside Park, Lot 13, 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 #DEV22-000014 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 is a non-
conforming lot and location of the home makes it difficult to build a deck that lies within the
buildable area on the lot.
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
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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 includes constructing a modest deck similar to other
decks in the neighborhood and around Prior Lake.
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 applicant has not made any structural changes to the home since purchasing it in 2013.
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 Lakeside Park
Subdivision nor be detrimental to the health and safety of the public welfare. Other dwellings
in the area have decks of similar proportions.
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 attached deck which is allowed in
the R-1 SD Zoning District.
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 31.9-foot variance from the required minimum 65-foot lake setback as measured using the
average of adjacent properties (Section 1130.407 (2))
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
Tiernan Fleming
Kallberg
Tschetter Ringstad
Aye
❑ ❑
0
0 0
Nay
❑ ❑
❑
❑ ❑
Absent
0 0
❑
❑ ❑
ason hetter, Commission Vice -Chair
Abstain ❑ ❑ ❑ ❑ ❑ ATTEST:
Casey MCCAe, Community Development Director
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