HomeMy WebLinkAboutRes. 05-22PC 4500 Lords Street VAR
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 05-22PC
A RESOLUTION DENYING A 20 FOOT VARIANCE FROM THE REQUIRED 25
FOOT FRONT YARD SETBACK AND A 6.17 FOOT VARIANCE FROM THE
REQUIRED SIDE YARD SETBACK FOR A WALL EXCEEDING 50' IN
LENGTH (SECTION 1102.405 (6)).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. Roger and Susan Ferguson are requesting a variance from the Zoning Ordinance
to construct a single family dwelling which encroaches 20' into the required 25' front
yard setback and 6.17' into the required side yard setback on property located in
the R-1SD (Low Density Residential Shoreland 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 beginning.
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.
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. There is an ample buildable area on the lot that would
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www.cityofpriorlake.com
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allow the construction of a home with a similar square footage without the need for
any setback variances.
5. The conditions applying to the property are not peculiar to this site. The lot is
25,258 square feet in area. Although the lot has an irregular shape, there is still
ample area to construct a single family home without the need for variances. This
is a reasonable use of the property.
6. The granting of the front and side yard setback variances is not necessary for the
preservation and enjoyment of a substantial right of the owner because a
reasonable use exists on the property.
7. The granting of the requested variance will not impair an adequate supply of light or
air to adjacent properties. However, the granting of the proposed front yard setback
will potentially impact the future reconstruction and alignment of Lords Street. The
proposed design will potentially place the house 16' from the future road surface.
8. The granting of the variance will not unreasonably impact the character of the
neighborhood.
9. One purpose of the Zoning Ordinance is to "prevent overcrowding of land and
undue concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. A variance to reduce
the required minimum front yard and side yard setbacks are inconsistent with the
purpose of the Zoning Ordinance.
10. The granting of the front yard and side yard setback variances will merely serve as
a convenience to the applicant. It is not necessary to alleviate a demonstrable
undue hardship. The applicants can build a single family home without the need for
any setback variances.
11. The design of the proposed house, however, does create the alleged hardship as it
relates to the setback variances. It does not result from the strict application of the
setback provisions.
12. Increased development or construction costs are not the basis for the variance
requests.
13. 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 denies the
following variance:
1. A 20 foot variance from the required 25 foot front yard setback (Section
1102.405 (3)).
2. A 6.17 foot variance from the required side yard setback for a wall exceeding 50'
in length (Section 1102.405 (6)).
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Adopted by the Board of Adjustment on November 28, 2005.
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ATTEST:
Q.~
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Anthony Stamson, Commission Chair
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