HomeMy WebLinkAboutResolution 24-05PC 14966 Pixie Point Cir SE O� P RIOT
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M Prior Lake, MN 55372
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RESOLUTION 24-05PC
VARIANCE FROM THE BLUFF SETBACK FOR A PROPERTY IN THE
R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
Motion By: Tennison Second By: Kallberg
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a
public hearing on May 13, 2024, to consider a request from Randy and Dawn Emerson,
property owners, and Pebble Creek Custom Homes, applicant, to approve a variance for
a reduced bluff setback to allow the construction of an single-family home on an existing
lot located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the
following property:
14966 Pixie Point Circle SE, Prior Lake, MN 55372 (PID 250470150)
Lot 14 of Eastwood 1st Addition.
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 PDEV24-000009 and held a hearing thereon on May 13, 2024; 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
best interests of the public health, safety, and welfare to provide for the wise development
of shoreland of public waters."
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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 adherence to the Ordinance. The
existence of a non-conforming lot with a narrow front yard width and a large bluff impact area
creates a constrained buildable area.
The condition was not created by the applicant and the proposal encroaches 8 feet into the
bluff setback is the minimum necessary to construct the proposed home.
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 in the R-1 SD (Low Density Residential
Shoreland) Zoning District:
a. An 8-foot variance from the required minimum 25-foot bluff setback (Section 1130.407 (2)).
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. An as-built survey shall be submitted to the Building Department prior to the issuance of a
Certificate of Occupancy.
PASSED AND ADOPTED THIS 13th DAY OF MAY 2024.
VOTE Johnson Kallberg Tschetter Ringstad Tennison
Aye Lq- ®''
Nay ❑ El El El ❑ Jaso schetter, Commission Chair
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑ ATTEST:
Casey McCa , Community Development Director
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