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HomeMy WebLinkAboutRes 22-16PC - 2733 Spring Lake RoadReceipt:# 713276 T277387 VAR $46.00 Cert# 49740 to: G-PRIOR LAKE CITY IIIIIIII III IIIII IIIII IIIII (IIII (IIII III III PReturn RIOR LAKE MN 372 Certified Filed and/or recorded on: 7/11/2022 2:51 PM Office of the Registrar of Titles Scott County, Minnesota Julie K. Hanson, Registrar of Titles 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 22-16PC A RESOLUTION APPROVING VARIANCE FROM THE MAXIMUM DRIVEWAY WIDTH FOR A PROPERTY AT 2733 SPRING LAKE ROAD Dated this 13th day of June 2022 2733 Spring Lake Road PtBS-C'b r v" C-0% .5 ?l0 PID:251330750 r J�RP l zke City of Prior Lake Return to and drafted by: City of Prior Lake Front Desk 4646 Dakota Street SE Prior Lake, MN 55372 u PRjp O Ir' NV U �INNESO�P 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 22-16PC VARIANCE FROM THE MAXIMUM DRIVEWAY WIDTH FOR A PROPERTY 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 David and Melissa Fox, the property owners, to approve variances to allow the construction of a dwelling on a property located in the R-1 (Low Density Residential) Zoning District at the following property: fl0 2733 Spring Lake Road, Prior Lake, MN 55372 (PID 251330750) Legal Description: Lot 2, Block 46, Spring Lake Townsite, 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 #DEV22-000016 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 large right- of-way area for Spring Lake Road (Hwy 12) is greater than 50 feet in width. This is unique for a street with many residential dwellings. Typical right-of-way areas are 8-10 feet in width from the front property line to the street surface. The Scott County Highway Department does not support a request to vacate a portion of the right-of-way because utility lines are located within the large right-of-way area. 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." 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 abnormally large 50-foot wide of right-of-way adjacent to the property is a practical difficulty. The dwelling is proposed 55 feet from the road surface of Spring Lake Road which is more than standard for the residential area. The driveway width will be less than 24 feet wide at the street. 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 Spring Lake Road neighborhood nor be detrimental to the health and safety of the public welfare. Other dwellings along the roadway have similar nonconforming driveway widths setbacks. 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 the construction of a single-family residential dwelling which is an allowed accessory use within the R-1 SD Zoning District. 3. Based upon the findings set forth herein, the Planning Commission hereby approves the following variance to allow the construction of a single-family home in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. An 11.0-foot variance from the required maximum 24-foot driveway width (Section 1146.900 (8)) 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 Tiernan Fleming Kallberg Tschetter Ringstad Aye ❑ ❑ © � ® Nay ❑ El El El ElJaso sa4tter, Commission Vice -Chair Absent Z Z ❑ ❑ ❑ Abstain ❑ ❑ El ❑ ATTEST: 1;61( f'�t Casey M Ca e Community Development Director 2