HomeMy WebLinkAboutRes. 05-10PC 13625 Crest Avenue NE Denial VAR
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-10PC
A RESOLUTION DENYING A 4.88 ACRE VARIANCE FROM THE 10 ACRE
MINIMUM LOT AREA IN THE A (AGRICULTURAL) DISTRICT
BE I T RES a. VED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FI NOI NGS
1. Roy Erickson is requesting a variance from the Zoning Ordinance to subdivide his
existing parcel which creates a lot less than 10 acres in size on property located in
the A (Agricultural) use district at the following location, to wit;
13625 Crest Avenue NE, Prior Lake, MN, legally described as East 792 feet
of the North 1000 feet of the West Half of the Southeast Quarter of Section
24, Township 115, Range 22, Scott County, Minnesota, EXCEPT the
southerly 220 feet thereof.
2. The Board of Adjustment continued the public hearing from August 22, 2005 to
September 12, 2005 at the request of the applicant.
3. The Board of Adjustment has reviewed the application for the variance as contained
in Case #05-183 and held a hearing thereon on September 12, 2005.
4. 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 safety, the effect on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
5. There are no extraordinary or exceptional conditions on the property to warrant a
variance for the creation of a lot less than the minimum 10 acres in size.
6. The conditions applying to the property are not peculiar to this site. Once municipal
services are available, the property can be subdivided to create smaller lots. There
are numerous unplatted parcels of land in the A use district of similar size.
7. The granting of the variances is not necessary for the preservation and enjoyment
of a property right.
8. The granting of the proposed variance will not impair an adequate supply of light
and air to the adjacent property.
9. The granting of the variance will not impact on the character and development of
the neighborhood since no new lots are proposed. The subdivision will create one
larger lot and one smaller lot.
1:\05 files\05 variances\ericksonchadwick\denial resolution.doc
www.cityofpriorlake.com
1
Phone 952.447.4230 / Fax 952.447.4245
10. The purpose of the A (Agricultural) Use District is to "protect existing agricultural
investments until such time as public utilities may be extended and there is a need
for additional urban development. It is also intended to provide for larger lots to
insure that the feasibility of future urban development is not compromised."
Another purpose of the Zoning Ordinance in general is to "Promote the most
appropriate and orderly development of the residential, business, industrial, public
land and public areas." Permitting this subdivision may be contrary to the intent of
the Zoning Ordinance.
11. The granting of the variance will serve as a convenience to the applicant, and is not
necessary to alleviate a demonstrable undue hardship or difficulty.
12. The perceived hardship does not result from the application of the provision of the
minimum lot area requirement for "A" District, but from the property owner's actions.
13. Increased development or construction costs are not the basis for the variance
requests. Conversely, the financial situation of the property owner cannot be
considered as a hardship and is not a basis to approve a variance.
14. The contents of Planning Case #05-183 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 denies the
following variance:
1. A 4.88 acre variance from the 10 acre minimum lot area in the A District (Section
1102.205).
Adopted by the Board of Adjustment on September 12, 2005.
~
Anthony Stamson, Commission Chair
ATTEST:
1:\05 files\05 variances\ericksonchadwick\denial resolution.doc
2