HomeMy WebLinkAboutRes. 05-01PC 15507 Calmut Avenue NE VAR
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-01 PC
A RESOLUTION APPROVING A 65 FOOT VARIANCE FROM THE REQUIRED
75 FOOT ORDINARY HIGH WATER
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Mark Crouse and Lisa Beck are requesting a 65 foot variance from the
required 75 foot setback from the Ordinary High Water Elevation (OHW) for
the construction of a stairway and landing addition on property located in the
R-1 SO (Low Density Residential Shoreland District) at the following location,
to wit;
15507 Calmut Avenue NE, legally described as follows:
Lot 9, and that part of Lot 10, North Grainwood, and that part
Government Lot 5, Section 25, Township 115, Range 22, Scott
County, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 10; thence southerly
along the westerly line of said Lots 10 and 9 and also 8, a distance of
165.00 feet to the actual point of beginning of the land to be
described; thence westerly along the north line of said plat to the
easterly right-of-way line of the Chicago, Milwaukee, St. Paul and
Pacific Railroad; thence northerly along said easterly right-of-way line
to its intersection with the westerly extension of the southerly line of
the northerly 45.00 feet (as measured at right angles to the northerly
line) of said Lot 10; thence easterly along said southerly line to the
shoreline of Prior Lake; thence southerly along said shoreline to the
south line of said Lot 9; thence westerly along said south line of said
Lot 9, to the southwest corner thereof; thence southerly along the
westerly line of said Lot 8, to the actual point of beginning.
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #04-148PC and held a hearing thereon on January 10,
2005.
3. The Board of Adjustment 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
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Phone 952.447.4230 / Fax 952.447.4245
safety, the effect on property values in the surrounding area and the effect of
the proposed variance on the Comprehensive Plan.
4. The OHW setback variance is warranted because the strict application would
result in practical difficulties for the property owner.
5. A reasonable use in this case is a single family dwelling, because the
property is zoned R-1. The house was built with the patio doors in 1995.
There is no way to provide a landing at this location without a variance.
6. The granting of the OHW setback variance is warranted for the preservation
and enjoyment of a substantial property right of the owner.
7. Relief from the OHW setback provisions of the Zoning Ordinance for the
construction of a stairway and landing addition to the single family dwelling
will not unreasonably impact the character and development of the
neighborhood.
8. One purpose of the Zoning Ordinance is to "prevent over crowding of land
and undue concentration of structures and population by relating the use of
land and buildings and the bulk of buildings in relation to the land surrounding
them." The requested OHW setback variance is not contrary to this purpose
of the Zoning Ordinance.
9. A hardship does result from the application of the OHW setback.
10. The contents of Planning Case #04-148PC are hereby entered into and
made a part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby
approves the following variance to allow for the construction of a 3' by 12'
stairway and landing addition to the single family dwelling:
1. A 65 foot variance from the required 75 foot ordinary high water setback
required in the R-1 SD (Low Density Residential Shoreland) district.
(Section 1104.302 [4J)
This approval is subject to the following conditions:
1. The resolution must be recorded at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged City Assent
Form, shall be submitted to the Planning Department prior to the issuance
of a building permit.
2. The building permit is subject to all other applicable city, county, and state
agency regulations.
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3. The applicant must submit a revised survey identifying the existing
conditions on the lot and the proposed stairway and landing.
Adopted by the Board of Adjustment on January 10, 2005.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
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