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Home My WebLink AboutRes 22-20PC - Variance 3770 Green Heights Trail SEReceipt:# 715650 Ai 162784 VAR $46-00 I■■1211 Iasi 111111111■ 11111111111111111 Return to: I"I'II G-PRIOR LAKE CITY I"I II�111� 0111111 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 8/26/2022 3:04 PM Office of the County Recorder Scott County, M innesota Julie K. Hanson. County Recorder STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) r for the City of Prior Lake, hereby certifies the The undersigned, duly qualified and Planner y attached hereto is the original true and correct copies of RESOLUTION 22-20PC VARIANCES FROM THE MINIM A RESOLUTION APPROVING VA UM LAKE SETBACK) VERAGE AND SETBACK, MAXIMUM IMPERVIOUS MINIMUM REAR YARD SE S SURFACE CO -FAMILY DWELLING AT AREA TO ALLOW CONSTRUCTION MINIMUM LOTH OF A SINGLE 3770 GREEN HEIGHTS TRAIL SE PsErickson City of Prior Lake Dated this 22ND day of August 2022 3 770 Green Heights Trail SE AB S TRAC T PID:250940010 Return to and drafted by: City of Prior Lake Front Desk 4646 Dakota Street SE Prior Lake, MN 55372 SC P RIU 4646 Dakota Street SE V Prior Lake. MN 55372 4l)'NIVESO"t A RESOLUTION 22-20PC UM LAKE SETBACK, MINIM VARIANCES FROM THE MINIM UM REAR YARD SETBACK, AREA TO ALLOW ERVIOU SURFACE COVERAGE, AND MINIMUM LOT MAXIMUM IMP CONSTRUCTION OF A SINGLE-FAMILY DWELLING ON A PROPERTY IN THE R-1 SLOW 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 g the property owners Trent and Carrie Bachelor, requesting Homes, an behalf of p p y variances from the minimum lake setback, minimum rear yard setback maximum covers a and minimum lot area to allow construction of a new impervious surface g Residential) Zoning District at single-family dwelling located in the R-1 (Low Density Re } 9 single y 9 the following property: g 3770 Green Heights Trail SE, Prior Lake, MN 55372 (PID 250940010) Legal Description: tion: Lot 1, GREEN HEIGHTS, Scott County, Minnesota. WHEREAS, Notice of the public g heaein on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Gomm proceeded roceeded 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 #DE V22-000023 and held a hearing thereon on August 22, 2022; and WHEREAS, The Planning Commission has considered the effect of the proposed variance upon welfare of the community, the existing and anticipated traffic the health, safety, and the effect an property conditions, light and air, danger of fire, risk to the public safety, P p condi g values in the surrounding din area and the effect of the proposed variance on the Comprehensive Plan. NOW THEREFORE, BE IT HEREBY RES OLVED BY THE PLANNING COMMISSION OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The PlanningCommission 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. 'n harmony with the general purposes of the Zoning Code. A The granting of the variance �s � y ro riate and orderly purpose of the Zoning Ordinance is to "Promote the most a pp p residential, business, industrial, public land, and public areas" Rear development of the re� yard and lake setbacks are more compliant with the City Code than the existing setbacks and are similar to adjacentproperties. erties. The impervious surface of the lot includes public p infr astructure components (sanitary sewer lift station area) and roadway. • be permitted when they are consistent with the Comprehensive b. Variances shall only Plan. variance is consistent with the Comprehensive Plan and its goal to The granting of the v m maintain and improve physical character and identity. This is accomplished by achieving i s between different types of land uses compatible relationships by utilizing design standards, p appropriate buffers, land use transitions, and high -quality design. p • ranted when the applicant for the variance establishes that there c. Variances may be p arep practical difficulties in complying with the Zoning Code. "Practicalties difficul as used in c onnection with the granting of a variance, means the property owner the property in a reasonable manner not permitted by the Zoning proposes to use p p Y s unique to the property not Code the plight of the landowner is due to circumstance q p . ' p g e if ranted, will not alter the essential created by the landowner, and the variance, g character of the locality. There are practical difficulties in complying with the strict terms of the Ordinance. The small lot size (6,718 square feet) of the property results in a limited area for placement of a dwelling. The proposed dwelling will increase the rear yard setback and lake setback within more compliance to the City Code. The impervious surface variance is warranted due to the need of a garage on the property and the presence of public infrastructure (sanitary sewer lift station) and roadway on 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 13.0-foot variance from the required minimum 50.0-foot lake setback to the Ordinary High - Water Mark of Prior Lake (904 elevation) (Subsection 1130.407 (2)) b. A 7.5-foot variance from the required minimum 25.0-foot rear yard setback (Subsection 1141.500 (3)) c. A 782-square foot variance from the minimum 7,500 square foot lot area required for development of a nonconforming lot of record (Subsection 1123.305)) d. A 12.6% variance from the required maximum impervious surface allowed on a property within the Shoreland District (Subsection 1130.405) 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. c. The property owner sha ll enter into a maintenance agreement with the City of Prior Lake for City access to the nearby lift station. 2 PASSED AND ADOPTED THIS 22 nd DAY OF AUGUST 2022. VOTE Tieman Johnson Kallberg Tschetter Ringstad Aye x x Nay ❑ ❑ Absent ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ David Tiernan, Commission Chair ATTEST: Casey McCabe, Cqm , munity Development Director