HomeMy WebLinkAboutRes. 05-21PC 4500 Lords Street VAR
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Doc. No. A 761212
OFFICE OF THE COUNTY RECORDER
scon COUNTY, MINNESOTA
Certified Filed and/or Recorded on
01-04-2007 at 09: 15 Receipt: 604282
Pat Boeckman, County Recorder
Fee: $ 46.00
01
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby,
certifies the attached hereto is the original true and correct copy of
RESOLUTION 05-2IPC
A RESOLUTION APPROVING A 2.25 FOOT VARIANCE FROM THE
REQUIRED MINIMUM ELEVATION FOR A VEHICULAR ACCESS WITHIN
THE FLOODPLAIN (SECTION 1105.402 (4).
#05-217
Ferguson Variance
4500 Lords Street
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Connie Carlson
City of Prior Lake
Dated this 6th day of February, 2006
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Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 05-21 PC
A RESOLUTION APPROVING A 2.25 FOOT VARIANCE FROM THE
REQUIRED MINIMUM ELEVATION FOR A VEHICULAR ACCESS WITHIN
THE FLOODPLAIN (SECTION 1105.402 (4).
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,
Minnesota;
FINDINGS
1. Roger and Susan Ferguson' are requesting a variance from the Zoning
Ordinance for the construction of a vehicular access on property zoned R-1
(Low Density Residential) and SD (Shoreland Overlay District) at the following
location, to wit;
4500 Lords Street, legally described as follows:
A tract of land in Government Lot Nine (9); Section Thirty-five (35),
Township One Hundred Fifteen (115), Range Twenty-two (22), Scott
County, Minnesota, described as follows: Commencing at a point that
is 220.28 feet north and 328.53 feet east of the .northwest corner of
Lot 1, in the plat of Maple Park Shore Acres, said point on the' center
line and east edge of the concrete bridge; thence North 83 degrees
00 minutes East a distance of 129.0 feet; thence South 81 degrees
00 minutes East a distance of 112.4 feet; thence North 61 degrees
34 minutes East a distance of 113.0 feet; thence North 54 degrees 57
minutes East a distance of 264.45 feet to the actual point of
beginning; thence North 73 degrees 17 minutes East a distance of
284.2 feet; thence North a distance of 75.0 feet to the high water
mark of Prior Lake; thence Northwesterly along said high water mark
to its intersection with a line bearing North from the actual point of
beginning; thence South 188.0 feet to the actual point of begi~ing.
Subject to an easement over the Southerly 25.0 feet thereof. '\
PID No. 25-935-010-0
2. The Board of Adjustment has reviewed the application for the variance as
contained in Case #05-217 and held a hearing thereon on November 28,
2005.
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www.cityofpriorlake.com
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Phone 952.440.9675 / Fax 952.440.9678
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. The granting of the variance will not impair an adequate supply of
light or air to adjacent properties, or negatively impact public safety.
5. The granting of the variance is necessary for the preservation and enjoyment
of a reasonable use of the property.
6. The elevation of the existing road to the site creates a difficulty, and the
granting of the variance is not merely to serve as a convenience for the
applicant, but is necessary to alleviate a demonstrable undue hardship or
difficulty.
7. Relief from the provisions of the Zoning Ordinance will not unreasonably
impact the character and development of the adjacent neighborhood.
8. The variance is consistent with the intent of the Zoning Ordinance and th~
Comprehensive Guide Plan.
9. The contents of Planning Case #05-217 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 vehicular
access that is more than 2 feet below the regulatory flood protection elevation
within the flood plain, as shown on Exhibit A- Certificate of Survey:
1. A 2.25 foot variance from the required minimum elevation for a vehicular
access within the floodplain.
The variance is subject to the following conditions:
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1. The resolution must be recorded at Scott County within 60 d~ys 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 provide an emergency evacuation plan.
Adopted by the Board of Adjustment on November 28, 2005.
ATTEST:
A-~
Anthony Stamson, Commission Chair
Kansier, Director of Planning and Building Inspections
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