HomeMy WebLinkAboutRes 22-18PC - Variance 3195 Kent Street SEReceipt:# 715650
T278078
VAR $46.00
Cert # 43622
Return to:
G-PRIOR LAKE CITY
4646 DAKOTA ST SE
PRIOR LAKE W1 55372
Certified Filed and/or recorded on:
8/26/2022 3.04 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 22-18PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM SIDE YARD ABUTTING A
STREET FOR A PROPERTY AT 3195 KENT STREET SE
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Jess rickson,
ity of Prior Lake
Dated this 25' day of July 2022
3195 Kent Street SE
TORREN-S
PID:251330270
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Return to and drafted by:
City of Prior Lake
Front Desk
4646 Dakota Street SE
Prior Lake, MN 55372
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RESOLUTION 22-18PC
VARIANCE FROM THE MINIMUM SIDE YARD ABUTTING A STREET FOR A PROPERTY IN THE
R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on July 25, 2022, to consider a request from Dean and Jodi Scholl,
the property owners, to approve a variance to allow the construction of a single-
family dwelling on a property located in the R-1 (Low Density Residential) Zoning
District at the following property:
3195 Kent Street SE, Prior Lake, MN 55372 (PID 251330270)
Legal Description: Lot 5 & 6, Block 30, 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 #DEV22-000018 and held a hearing thereon on July 25, 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. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Code.
The granting of the variance is in harmony with the general purposes of the Zoning Code. 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". The side
yard abutting a street setback would remain the same as the existing. All other City Codes
would be meet with the rebuild of the structure.
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The granting of the variance is consistent with the Comprehensive Plan and its goal to
maintain and improve physical character and identity. This is accomplished by achieving
compatible relationships between different types of land uses by utilizing design standards,
appropriate buffers, land use transitions, and high -quality design.
c. Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the Zoning Code. "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
Code, the plight of the landowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the essential
character of the locality.
In this case the practical difficulty is due to the placement of the existing foundation. This
existing foundation is over 32 feet to the nearby street edge which is a typical road to
structure separation. Also, the neighborhood has other side yards abutting a street that are
similar in distance from 12 to 20 feet, therefore the essential character of the neighborhood
will not be altered.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the
following variance to allow the rebuild of asingle-family dwelling per the proposed survey in the
R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 12.3-foot variance from the required minimum 25.0-foot setback from the minimum side
yard abutting a street setback (Section 114 9.500 (3))
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 25' DAY OF JULY
2022.
VOTE
Tiernan Johnson Kallberg
Tschetter Ringstad
s
A
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Aye
Z Z Z
Nay
❑ ❑ ❑
❑ ❑
David Tiernan, Commission Chair
Absent
❑ ❑ ❑
❑ ❑
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Abstain
❑ ❑ ❑
❑ ❑
ATTEST.
Casey McCabe, Community Development Director
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