HomeMy WebLinkAboutResolution 25-02PC 14535 Pine Variance Denial
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-02PC
DENYING A VARIANCE FROM SUBSECTION 10-435 OF THE SHORELAND REGULATIONS
ON A PROPERTY LOCATED IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
AND SHORELAND OVERLAY DISTRICT AT 14535 PINE ROAD NE
Motion By: Second By:
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on October 28, 2024, to consider a request from Warren Israelson,
the property owner and applicant, requesting a variance from the minimum
shoreland setback, front yard setback, side yard setback, distance to adjacent
structure, and the maximum impervious surface limits to allow construction of a
single-family home on a property located in the R-1 SD (Low Density Residential
Shoreland) Zoning District at the following property:
(PID 250400060)
Legal Description: Lot 6, Block 1 of North Shore Crest, Scott County, Minnesota.
Address: 14535 Pine Road NE, Prior Lake, MN 55372; and
WHEREAS, Notice of the public hearing on said variance request was duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, The Board of Adjustment 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 Board of Adjustment has reviewed the application for the variance as contained
in Case PDEV24-000031 and held a hearing thereon on October 28, 2024 and tabled
the item and considered the request on December 9, 2024; and
WHEREAS, The Board of Adjustment has considered the effect of the strict application of the
provisions of the Zoning Code on the applicant’s property and the impact granting
the Variance will have Comprehensive Plan. In addition, the Board considered the
requirements of all other applicable State Statutes, the information in the application,
the information in the staff report and the criteria set forth in Minn. Stat. 462.357,
Subd. 6.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR
LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Board of Adjustment 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.
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The Board of Adjustment finds the granting of the variances is not in harmony with the general
purposes of the Zoning Code. The City of Prior Lake has regulations in place related to the bulk
and mass of structures and the Board of Adjustment finds the bulk and mass of the proposed
home exceeds the reasonable use of the lot given the small lot size.
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The Board of Adjustment finds the proposed bulk and mass of the proposed home exceeds the
reasonable use of the lot and the granting of the variances is not consistent with the goal area of
Environmental Stewardship & Recreation and related objective to protect and enhance the
quality of Prior Lake’s surface waters, included as part of the City of Prior Lake’s 2040 Vision
and Strategic Plan identified in Chapter 1 of the 2040 Comprehensive Plan. Further, the granting
of the variances is not consistent with the Land Use Goals and Objectives identified in Chapter
3 of the 2040 Comprehensive Plan, which states, development shall be conducted in a manner
that is sensitive to the impact upon natural features and to environmental constraints, including
but not limited to surface water, wetlands, slopes, woodlands, vegetation, drainage ways,
shoreland, and flood plain areas.
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.
The applicant has not demonstrated there are practical difficulties in complying with the zoning
code. The lot is a buildable lot with a long-standing home currently on the property. Lots of this
size, although less than the standard size lot permitted by city code, exist throughout the
community with a variety of styles and sizes of structures on the lot. The Board of Adjustment
finds the plight of the landowner is due to circumstances created by the landowner’s desire for a
large multi-story home, not due to circumstances unique to the property. The proposed home
exceeds reasonableness due to its bulk and massing on this particular lot.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations alone do not constitute practical difficulty.
3. Based upon the findings set forth herein and withing Agenda Report 4A, the Board of Adjustment
hereby denies the variance with the findings of fact provided.
PASSED AND ADOPTED THIS 14th DAY OF APRIL, 2025.
_______________________________
Jason Tschetter, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Johnson Tschetter Fenstermacher Ringstad Tennison
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐