HomeMy WebLinkAboutResolution 23-08PC Receipt:#731968 A1180381
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4PRIOR LAKE CITY
646 D KOTA ST SE I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIII IIII I�
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
10/16/2023 3:35 PM
Office of the County Recorder
Scott County,Minnesota
Julie K.Hanson,County Recorder
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 23-08PC
A RESOLUTION APPROVING VARIANCES FROM THE MINIMUM SUM OF THE SIDE YARD
SETBACKS, SIDEYARD SETBACKS, IMPERVIOUS SURFACE, AND SHORELAND
SETBACK TO ALLOW A GARAGE ON A PROPERTY IN THE R-1 SD (LOW DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT
Haile-Se'are egegne
City of Prior Lake
Dated this 1 Oth day of October 2023.
15347 Breezy Point RD SE,Prior Lake, MN 55372
Abstract Parcel
PID: 250260050
Return to and drafted by:
City of Prior Lake
Community Development Department
4646 Dakota Street SE
Prior Lake, MN 55372
(City Seal)
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RESOLUTION 23-08PC
VARIANCES FROM THE MINIMUM SUM OF THE SIDE YARD SETBACKS, SIDEYARD
SETBACKS, IMPERVIOUS SURFACE, AND SHORELAND SETBACK TO ALLOW A GARAGE ON
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 Charles and Mary
Carlson, the property owner, requesting a variance from the minimum sum of the
side yard setbacks, minimum side yard setback, minimum shoreland setback and
maximum impervious surface to allow construction of a single-stall garage on a
property located in the R-1 SD (Low Density Residential Shoreland) Zoning District
at the following property:
(PID 250260050)
Legal Description: Lot 9, 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#DEV23-000022 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
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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.
G. 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 narrow
lot width (58 feet) and lot depth (66 feet) and the angle of the property lines, relative to the
primary structure orientation, results in a limited area for placement of a garage that would
meet the required setbacks. The proposed addition will be in more compliance with the
impervious surface ordinance than the existing condition since the applicant plans to remove
unnecessary existing impervious surface. The applicant will eliminate the nonconforming
driveway width and impervious surface with the proposed construction.
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 garage per the proposed survey in the R-1 SD
(Low Density Residential Shoreland) Zoning District:
a. A 7.1-foot variance from the required minimum sum of the side yard setbacks on a
nonconforming lot. (Subsection 1123.201 (6))
b. A 1.8-foot variance from the required minimum side yard setback on a nonconforming lot.
(Subsection 1123.201 (6))
c. A 4-foot variance from the required minimum separation of principle structures. (Subsection
1123.201(6))
d. A 19-foot variance from the required minimum setback from the Ordinary High Water Level
(OHWL). (Subsection 1130.407(2))
e. A variance for impervious surface from 30% to 42.7%. Currently 58.6%. (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. A Building Permit shall be obtained from the Building Department prior to the
commencement of construction.
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PASSED AND ADOPTED THIS 28T" DAY OF AUGUST 2023.
VOTE Tschetter Johnson Kallberg Fenstermacher
Aye V ❑ Rr NRI
Jason Tschetter, Commission Chair
Nay ❑ V,' ❑ ❑
Absent ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ATTEST:
Casey McCa e, Community Development Director
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