HomeMy WebLinkAboutRes. 26-04PC - 1390 170th St E - VAR - A1229393R.c.i*t7z6s64 A1229393
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446 OAKOTA ST SE
PFIOR LAK€ MN 553iT2
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(This cover sheet is now a permanent part of the recorded document)
4646 Dakota Street SE
Prior Lake. MN 55372
RESOLUTION 26-O4PC
VARIANCE FROM THE REQUIRED 50 PERCENT OPEN SPACE FOR A SHORELAND OVERLAY
DISTRICT PLANNED UNIT DEVELOPMENT IN THE
R-1 SD (LOW DENS|TY RESTDENTTAL SHORELAND) ZONTNG DISTR|CT
Motion By: Tennison SecondBy: Fenstermacher
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Ad.iustment, conducted a
public hearing on May 18, 2026, to consider a request from Pinnacle Family Homes, on
behalf of the property owners, Hafers Holdings, LLC to approve a variance from the Shor(
land Overlay District requirement that at least 50 percent of the project area within the
Shoreland Overlay District be preserved as open space to allow the subdivision of a parc(
located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the followin
propeny:
1390 170TH Street E, Shakopee, MN 55379 (PtD 259050250)
Legai Description attached as Exhibit A; 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 vanance
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 #DEV26-00016 and held a hearing thereon on May 18, 2026; and
WHEREAS, The Board of Adjustment has considered the efiect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of flre, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on tne
Comprehensive Plan.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSTON OF PRIOR LAKE,
MINNESOTA as follows:
2.
1.The recitals set forth above are incorporated herein.
The Board of Adjustments 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 Gode.
The granting of the variances is in harmony with the general purposes of the Ordinance and
Comprehensive Plan. The purpose of the Zoning Ordinance isto"Promote the most appropriate
and orderly development of the residential, busrness, industriat, public land, and pub1c areas .
Furthermore, the Shoreland Ordinance (Section 10-433) 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."
The proposed Shoreland Planned Unit Development preserves substantial shoreline open
space, wetlands, conservation easements, significant tree resources, trail corridors, and natural
environmental features adjacent to Campbell Lake while accommodating clustered residential
development and regional public infrastructure improvements.
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.
The proposed development preserves significant open space areas and natural resources while
allowing residential development consistent with the Urban Low Density Residential land use
designation.
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 ofa variance, means the properiy owner proposes to use
the property in a reasonable manner not permitted by the Zoning Code, the plight of the
Iandowner 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.
Practical difficulties exist due to the need to accommodate regional public infrastructure
imDrovements associated with the future Scott County roundabout, regional stormwater ponding'
roadway improvements, and irail underpass improvements near the intersection of CH17 and
'170ih Street E.
The proposed public infrastructure improvements require substantially more land area than
would otherwise be necessaryforthe residential subdivision alone. Portions of the site that could
otherwise accommodate approximately tvvo residential lots are instead utilized for regional
stormwater and transportation infrastructure improvements associated with Scott County
reouirements.
Because portions of the site are occupied by regional public infrastructure improvements, some
of the residential lots were configured in areas that may otherwise have remained open space
within the Shoreland Overlay District
The requested variance is not solely related to increasing private development yield, but rather
results from accommodating regional public infrastructure improvements while continuing to
preserve substantial open ipace, conservation easements, wetlands, shoreline areas, and
environmental resources throughout the development.
The variance, if granted, will not alter the essential character of the surrounding area.
d) Economic considerations alone do not constitute practical difficulties'
Economic considerations are not the reason for the variance request.
Based upon the findings set forth herein, the Board of Adjustment hereby approves a variance from
Section 10-439(d)(3) to allow /ess than 50 percent open space within the Shoreland Overlay District
associated with the Campbell Shores Shoreland Planned Unit Development'
The variance is approved subject to the following conditions of approval:
a. The deveioper shall revise the plans according to the April 10,2026 City Engineering & Public
Works Deot. Memorandum.
b)
c)
4.
b. The developer shall obtain a grading permit from the City Engineering Department prior to any
grading or tree removal on the site.
c. The Developer shall obtain the required permits from other state or local agencies prior to
applicable on the site
d. The applicant shall comply with all applicable conditions of approval associated with the
Preliminary Plat, Planned Unit Development, engineering review, and Shoreland Overlay District
reouirements.
e. Conservation easements, outlots, and open space preservation areas shall be finalized prior to
Final Plat approval.f. The variance resolution shall be recorded with Scott Countv.
PASSED AND ADOPTED THIS 18TH DAY OF MAY 2026.
Commlssloners Aye Nay Absent Abstain
Fleming
Fenstermacher
Tennison
Yurko
Rook
Schmokel
Nicholson
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Casey M96abe, Community Development Director
Exhibit A
Legal Description:
That part of Govemment Lot 4, Section 5, Township '114, Range 22, Scott County, Minnesota lying
westerly of the west line of GEISTER HILLS, according to the recorded plat thereof and southerly of the
following described line:
Beginning at the intersection of the easterly extension of the north line of GEISTER HILLS, according
to the recorded plat thereof, with the east line of said Govemment Lot 4; thence South 88 degrees 31
minutes 26 seconds West, along said north line and its easterly extension, a distance of 702.04 feet to
the northwest corner of said GEISTER HILLS; thence North 0 degrees 48 minutes 59 seconds East a
distance of 97.26 feet; thence North 89 degrees 40 minutes 37 seconds West a distance of 608.65 feet
to the west line of said Government Lot 4 and there terminatino.
AND
The South Thirteen (13) acres of Government Lot4, Section 5, Township 1'14, Range 22, Scott County,
Minnesota.Government Lot 5, Section 5, Township 114, Range 22, Scott County, Minnesota.
EXCEPT following described land:
Commencing at the southeast corner of said Government Lot 5; thence North, along the east line
thereof, a distance of 687.00 feet to the point of beginning of the tract of land to be described; thence
continuing North, along the east line, a distance of 300.00 feet; thence West, at right angles, a distance
of 363.00 feet; thence South, at right angles, a distance of 300.00 feet; thence East, at right angles, a
distance of 363.00 feet to the point of beginning.
EXCEPT following described land:
Part of the South Thirteen (13) acres of Government Lot 4 and part of Government Lot 5, all being partof Section 5, Township 1 14, Range 22, Scott County, Minnesota described as follows:
Commencing at the southeast corner of the Southwest Quarter of said Section 5; thence on an assumed
bearing of North 0 degrees 49 minutes 01 seconds East, along the east line of said Government Lots 4
and 5, a distance of 987.00 feet; thence North 89 degrees 10 minutes 59 seconds West 50.00 feet to
the point of beginning of the tract to be described; thence continuing North 89 degrees 10 minutes 59
seconds West 3'13.00 feet; thence South 0 degrees 49 minutes 01 seconds West 115.00 feet; thence
South 88 degrees 3'l minutes 28 seconds West 338.75 feet; thence North 0 degrees 49 minutes 01
seconds East 725.47 feet to the north line of said South 13 acres of Government Lot 4; thence North
88 degrees 31 minutes 28 seconds East, along said north line, 652.00 feet; thence South 0 degrees 49
minutes 01 seconds West 343.84 feet; thence North 89 degrees 10 minutes 59 seconds West 60.00
feet; thence South 0 degrees 49 minutes 01 seconds West 50.00 feet; thence South 89 degreesl0
minutes 59 seconds East 60.00 feet; thence South 0 degrees 49 minutes 01 seconds West 229.1 6 feet
to the point of beginning.
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