HomeMy WebLinkAboutResolution 25-03PC - 2917 Fox Trail Variance Denial
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-03PC
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 2917 FOX TRAIL NW
Motion By: Second By:
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on April 14, 2025 to consider a request from Chinh Van, the property
owner and applicant, requesting a variance from the maximum impervious surface
limits to allow a patio to remain as an after-the-fact impervious surface increase on
a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District
at the following property:
(PID 252970140)
Legal Description: Lot 8, Block 2 of The Wilds, Scott County, Minnesota.
Address: 2917 Fox Trail NW, 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 PDEV25-000004 and held a hearing thereon on April 14, 2025; 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.
The granting of the variance is not 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
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public areas”. Furthermore, the Shoreland Regulations (Section 10-433) state, “it is in the
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 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.
The granting of the variance is also 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 plai n areas.
The granting of the variance is not 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 de sign standards,
appropriate buffers, land use transitions, and high-quality design. The applicant has
increased impervious surface without a reasonable practical difficulty. The practice of after-
the-fact variances is not in keeping with the Comprehensive Plan.
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 Board of Adjustment cannot find practical difficulties in complying with the strict
adherence to the Ordinance that relates to the use of the land. The property is a very
reasonable size for a single-family residential parcel at ~10,890 square feet. The reason for
the requested imperious surface would allow for the resolution of water and snake nesting
issues as described by the applicant.
The Board of Adjustment acknowledges that this request is after-the-fact and believes there
may have been other solutions to the applicant’s problems that do not include the need for
a variance for impervious surface.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
3. Based upon the findings set forth herein and withing Agenda Report 5A, the Board of Adjustment
hereby denies the variance with the findings of fact provided.
4. The property owner has until June 30, 2025 to reduce the impervious surface and provide an
as-built survey to confirm the total impervious surface on the property is 30% or less.
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PASSED AND ADOPTED THIS 14th DAY OF APRIL, 2025.
_______________________________
Jason Tschetter, Commission Chair
ATTEST: _________________________________
Casey McCabe, Community Development Director
VOTE Tschetter Johnson Fenstermacher Ringstad Tennison
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐