HomeMy WebLinkAboutRes. 05-17PC 5212 Hope Street SE Denial VAR
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 05.17PC
A RESOLUTION DENYING AN 8 FOOT VARIANCE FROM THE MINIMUM 25
FOOT BLUFF SETBACK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Gregory and Diane McClenahan are requesting a variance from the Zoning
Ordinance to construct an addition which encroaches 8' into the required 25' bluff
setback on property located in the R-1SD (Low Density Residential Shoreland
District) at the following location, to wit;
5212 Hope Street SE, Prior Lake, MN, legally described as Lots 5 and 6,
First Addition to Condon's Wood Dale, Scott County, Minnesota, according
to the plat thereof on file or of record in the Office of the Scott County
Recorder, in and for Scott County, Minnesota, and that portion of the 20 foot
driveway as shown on the plat of First Addition to Condon's Wood Dale,
abutting Lots 5 and 6 said addition. Together with Tract 1, Registered Land
Survey No. 71, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #05-195 and held a hearing thereon on September 26,2005.
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 safety, the effect on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
4. There are no exceptional or unusual conditions on this lot that cause an undue
hardship on the applicant. It is possible to construct a 204 square foot addition to
the existing house without the need for any variances.
5. The conditions applying to the property are not peculiar to this site. The lot is
19,787 square feet in area. Although there is a bluff on this lot, there is still ample
area to construct an addition to the west side of the house without the need for
variances. This is a reasonable use of the property.
6. The granting of the variances is not necessary for the preservation and enjoyment
of a property right.
7. The granting of the proposed variance will not impair an adequate supply of light
and air to the adjacent property.
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8. The granting of the variance will not impact on the character and development of
the.
9. One purpose of the Zoning Ordinance is to "conserve natural resources and
environmental assets of the community". The Shoreland District requirements of
the Zoning Ordinance were adopted by the City to specifically recognize the actions
of the Legislature of Minnesota to delegate "responsibility to the municipalities of the
State to regulate the subdivision, use and development of the shorelands of public
waters and thus preserve and enhance the quality of surface waters, preserve the
economic and natural environmental values of shorelands, and provide for the wise .
utilization of waters and related land resources". The granting of the bluff setback
variance is contrary to the purpose of the Zoning Ordinance.
10. 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.
11. The perceived hardship does not result from the application of the provisions of the
minimum 25' bluff setback, but from the property owner's actions.
12. Increased development or construction costs are not the basis for the variance
requests.
13. The contents of Planning Case #05-195 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. An 8 foot variance from the required 25 foot setback from the top of bluff
(Section 1104.304).
Adopted by the Board of Adjustment on September 26,2 05.
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ATTEST:
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Doc. No. A 726006
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Rled and/or Recorded on
01-04-2006 at 11 :35 Receipt: 523637
Pat Boeckman, County Recorder 01
Fee" $ 4600