HomeMy WebLinkAboutResolution 23-09PC Receipt:#731968 Al 180380
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RES $46.00
PReturn to:
RIOR LAKE CITY I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII�I I�
4646 DAKOTA ST SE
PRIOR LAKE MN 55372 Certified Filed and/or recorded on:
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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 23-09PC
A RESOLUTION APPROVING VARIANCE FROM THE MINIMUM FRONT YARD SETBACK
TO ALLOW CONSTRUCTION OF A DETACHED GARAGE ON A PROPERTY IN THE R-1
(LOW DENSITY RESIDENTIAL) ZONING DISTRICT
Haile-S a -- gne
City of Prior Lake
Dated this 1 Ot" day of October 2023.
4846 Dakota ST SE, Prior Lake, MN 55372
Abstract Parcel
PID: 250010830
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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Z; 4646 Dakota Street SE
v1 �' Prior Lake,MN 55372
RESOLUTION 23-09PC
VARIANCE FROM THE MINIMUM FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A
DETACHED GARAGE 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 September 11, 2023, to consider a request from Kathryn
Fahrenkamp, the property owner, requesting a variance from the minimum front yard
setback to allow construction of a detached garage on a property located in the R-1
(Low Density Residential) Zoning District at the following property:
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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 #DEV23-000025 and held a hearing thereon on September 11,
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".
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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 narrow
shape of the property results in a limited area for placement of a detached garage. Despite
a 15.9-foot front setback to the property line, the proposed garage will be placed over 32
feet from the Evanston Avenue road surface so adequate space is available for parking
vehicles in the driveway.
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 variance to allow the construction of a detached garage per the proposed survey dated
July 26, 2023 in the R-1 (Low Density Residential) Zoning District:
a. A 9.1-foot variance from the required minimum 25-foot front yard setback(Section 1141.500
(3))
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 11T" DAY OF SEPTEMBER 2023.
VOTE Tschetter Johnson Kallberg Tennison Ringstad
Aye ❑ El El ❑0 E �
❑Nay � Jaso TsPr, missio�_nC h a i
Absent ❑ ❑ ❑ ❑ ❑
/v (Ila
Abstain ❑ El ❑ El ❑ ATTEST: A V
Casey M Cabe, Community Development Director
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