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HomeMy WebLinkAboutRes 22-21PC - Variance Lot 18, Green HeightsReceipt: # 715650 T278079 VAR $46.00 Cert # 60364 Return to: G-PRIOR LAKE CITY 4646 DAKOTA ST SE PRIOR LAKE MN 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 22-21PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM REAR YARD SETBACK, MINIMUM SIDE YARD SETBACK, AND MAXIMUM IMPERVIOUS SURFACE OVERAGE TO ALLOW CONSTRUCTION OF A SINGLE-FAMILY DWELLING ON A PROPERTY AT LOT 187 GREEN HEIGHTS tJejsErickson City of Prior Lake Dated this 22ND day of August 2022 Lot 18, Green Heights TORRENS PID:250940141 (r C'rtfolb • I `..� .► } � R'k A��#1�'"t!1llttti�t Return to and drafted by: City of Prior Lake Front Desk 4646 Dakota Street SE Prior Lake, MN 55372 t t O� T PRl0 .: ` 4646 Dakota Street SE Prior Lake, MN 55372 s 4r'rjvNESQ"�P RESOLUTION 22-21 PC VARIANCES FROM THE MINIMUM REAR YARD SETBACK, MINIMUM SIDE YARD SETBACK, AND MAXIMUM IMPERVIOUS SURFACE COVERAGE TO ALLOW CONSTRUCTION OF A SINGLE-FAMILY DWELLING ON 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 August 22, 2022, to consider a request from Pebble Creek Homes, on behalf of the property owner Jason Walgrave, requesting variances from the minimum rear setback, minimum side yard setback, and maximum impervious surface coverage to allow construction of a new single-family dwelling located in the R-1 (Low Density Residential) Zoning District at the following property: (PID 250940141) Legal Description: Lot 18, GREEN HEIGHTS, 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 #DEV22-000024 and held a hearing thereon on August 22, 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 small and narrow lot creates the necessary hardship for the rear, side, and impervious surface variance requests. The impervious surface of the lot includes the Roosevelt Street roadway surface. 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 s between different compatible relationships fi 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 p g 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. There are practical difficulties in complying with the strict terms of the Ordinance. The small lot size (6,006 square feet) of the property as well as the limited width of the buildable area due to a 15-foot utility easement results in a limited area for placement of a dwelling. The rear and side yard setbacks are similar to other the neighborhood properties. The impervious surface variance is warranted due to the presence of a roadway on the property and the smaller 6,006 square foot size of the property. 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 variances to allow the construction of asingle-family dwelling per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 5.6-foot variance from the required minimum 25.0-foot rear yard setback (Subsection 1141.500 (3)) b. A 0.4-foot variance from the side yard setback for a wall segment that is over 60 feet in length (Subsection 1141.500 (7)) c. A 13.4% variance from the required maximum impervious surface allowed on a property within the Shoreland District (Subsection 1130.405) 2 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 22 nd DAY OF AUGUST 2022. VOTE Tiernan Johnson Kallberg Tschetter Ringstad Ave 9 ® ® V 17 Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ David Tiernan, Commission Chair ATTEST:tt Casey McCabe, ,Comm unity Development Director