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Home My WebLink AboutRes 22-17PC - Variance 6500 Glascow Trail SEReceipt:# 717226 Al 164556 VAR $46.00 Return to: LAKE CITY 4646 I IIIIIII IIII IIIII IIIII IIIII II"I'llll'III"III I"I 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed and/or recorded on: 9/29/2022 1:51 PM Office of the County Recorder Scott County, Minnesota Julie K. Hanson, County Recorrier 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 22-17PC A RESOLUTION APPROVING VARIANCES FROM THE LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT 6500 GLASCOW TRAIL SE DATED THIS 25TH DAY OF JULY 2022 6500 GLASCOW TRAIL, SE ABSTRACT PID:259300090 _ .,rrrrrErr �F^ RR.. mrorrs_< �1Wt r &V s ue'• }/ r Rt m_ esf Erickson - of Prior Lake Return to and drafted by: City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE Prior Lake, MN 55372 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 22-17PC VARIANCE FROM THE LAKE SETBACK FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By: Tschetter Second By: Ringstad 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 Lito Mejia, the property owner, to approve a variance to allow construction on a dwelling on a property located in the R- 1 (Low Density Residential) Zoning District at the following property: 6500 Glascow Trail SE, Prior Lake, MN 55372 (PID 259300090) Legal Description: That part of Section 30, Township 115 Range 21 described as follows: Commencing at the SW corner of the Southwest Quarter of the Southeast Quarter of said Section and thence running North along the Quarter Section line a distance of 390 feet to the point of beginning, of the land to be described; thence continuing North along said Quarter Section line a distance of 160 feet to a point on the shore of Prior Lake; thence Easterly along the said shore on a line parallel to the South Section line a distance of 130 feet to a point; thence Southerly on a line parallel to the West line of said Quarter Section a distance of 160 feet to a point; thence West on a line parallel to the South line of said Section a distance of 130 feet to the point of beginning. Also all that land lying between the above described Northerly line of the said property and the Easterly and westerly line of the said property as extended to the lake between the said lines and the said lake. Also a non-exclusive easement for ingress and egress for residential purposes to the aforesaid tract of land across that part of the West 30 feet of said Southwest Quarter lying North of State Highway No. 13 and South of the said tract 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 #DEV22-000021 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. 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 proposed addition is setback 64.1 feet from the lake and will not be the section of the home closest to the OWHL. The need for the variance request is due to the existing home resting 35 feet from the OHWL. 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 variance 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." The applicant's proposed plan is in harmony with the purposes of the ordinance and comprehensive plan. 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 existing home was built prior to the establishment of the zoning ordinance and the addition is not the area of the principal structure closest to the OHWL. The applicant has worked with staff to create a plan that meets all other terms of the zoning ordinance. 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 neighborhood nor be detrimental to the health and safety of the public welfare. The nonconforming element of the home is not being changed so the character of the home will remain similar to the existing home and to homes surrounding it. 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 the construction of an addition in a single-family residential dwelling which is an allowed 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 construction on a single-family home in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 40-foot variance from the required minimum 75-foot lake setback (Section 1130.402 (4)) 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. A deck area of up to 14 feet in depth is allowed north of the newly proposed addition (resulting in a minimum 50-foot lake setback to this potential deck area). d. The existing driveway area shall be removed along with the existing garage door when a new driveway and garage door are added to the newly proposed addition. The impervious surface shall be a maximum of 30% of the total lot area. PASSED AND ADOPTED THIS 25th DAY OF JULY 2022. VOTE Tieman Johnson Kallberg Tschetter Ringstad Aye N N N N N Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ David Tiernan, Commilssign Chaff G ATTEST: Casey McCabe, -Community Development Director 3