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HomeMy WebLinkAboutResolution 23-07PC Receipt:#731968 Al 180382 RES $46.00 PRetum to: RIOR LAKE CITY IIII IIII(IIII IIIII IIIII IIIII IIIII IIIII IIII III 4646 DAKOTA ST SE I III PRIOR LAKE MN 55372 Certified Filed andlor recorded on: 10/16/2023 3:35 PM Office of the County Recorder Scott County Minnesota Julie K.Hanson,County Reconier 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 23-07PC A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SETBACK TO ALLOW CONSTRUCTION OF A DWELLING A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT Haile-Se ase Tegegne City of Prior Lake Dated this 101h day of October 2023. 15305 Breezy Point RD SE, Prior Lake, MN 55372 Abstract Parcel PID: 250260080 Return to and drafted by: City of Prior Lake Community Development Department 4646 Dakota Street SE Prior Lake, MN 55372 (Ci hy Seel) i i YRIO 4646 Dakota Street SE Prior Lake. MN 55372 4fINNESo'P RESOLUTION 23-07PC VARIANCES FROM THE MINIMUM FRONT YARD SETBACK AND MINIMUM LAKE SETBACK TO ALLOW CONSTRUCTION OF A DWELLING A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on August 28, 2023, to consider a request from Murphy and Company, on behalf of the property owner, Lance Anderson, requesting variances from the minimum front yard setback and minimum lake setback to allow construction of a dwelling on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property: (PID 250260080) Legal Description: Lot 16, Breezy Point, 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 variances as contained in Case#DEV23-000024 and held a hearing thereon on August 28, 2023; 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 variances is in harmony with the general purposes of the Ordinance and Comprehensive Plan. The 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 1 best interests of the public health, safety, and welfare to provide for the wise development of shoreland of public waters." 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. There are practical difficulties in complying with the strict terms of the Ordinance. The shape of the property results in a limited area for placement of a dwelling and garage. The proposed dwelling will maintain a similar lake setback of approximately 40 feet and front yard setback of 20 feet as the existing dwelling, yet it will allow an increased front setback for the garage from the existing public turnaround and allow for parking in the private driveway area. This public turnaround has been problematic as it is much smaller in size than a typical cul- de-sac and therefore difficult to maneuver, especially if any vehicle is parked in the street area. By increasing the setback of the garage from the public turnaround, the essential character of the locality is improved for vehicular maneuvering in the street. The narrow buildable lot area (25 to 40 feet) and shape of the property has created a practical difficulty with complying with the City Code. A typical dwelling and garage which meets the required lake setback of 50 feet and required 25-foot front yard setback would not be possible given the lot dimensions. Many of the dwellings along Breezy Point Road have nonconforming front and lake setbacks similar to those requested by the applicant. 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 a single-family dwelling per the proposed survey dated August 15, 2023 in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A 5.0-foot variance from the required minimum 25-foot front yard setback(Section 1141.500 (3)) b. A 33.3-foot variance from the required minimum 50-foot setback from the Ordinary High- Water Mark of Prior Lake using the averaging of the adjacent properties (Section 1130.407 (2)) 2 4. The variances are subject to the following conditions of approval: a. The variance resolution shall be recorded at Scott County. b. A Building Permit shall be obtained from the Building Department prior to the commencement of construction. PASSED AND ADOPTED THIS 28T" DAY OF AUGUST 2023. VOTE Tschetter Johnson Kallberg Femstermacher Aye ® © ® 0 Nay ❑ ❑ ❑ ❑ Jason Yschetter, Commission Chair Absent ❑ ❑ ❑ ❑ / Abstain ❑ ❑ ❑ ❑ ATTEST: Casey McCabe, o munity Development Director 3