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Home My WebLink AboutRes. 05-24PC 6436 Conroy Street NE Schweich VAR Doc. No. A 730148 OFFICE OF THE COUNlY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 02-15-2006 at 01 :15 Receipt:532792 Pat Boeckman, County Recorder Fee: $ 46.00 01 STATE OF MINNESOTA) )55. 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 05-24PC A RESOLUTION APPROVING A 7.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD SETBACK, A 20.0% IMPERVIOUS SURFACE COVERAGE VARIANCE, AND A 1.0 FOOT VARIANCE FROM THE REQUIRED 5 FOOT SIDE YARD SETBACK AND 5.2 FOOT VARIANCE FROM THE 15 FOOT MINIMUM STRUCTURE SEPARATION REQUIREMENT FOR THE CONSTRUCTION OF A GARAGE ADDITION 05-209 Schweich Variance 2~~~ City of Prior Lake Dated this 13th day of December, 2005 ,",:..;\n:J;q:/h. . .\.' ". c,' I'r. ./\ ~a;~~~~'j-~;,.;.. .> .~:,\,~1 ,{...: ":J. \-..' ..~:.. ': l"~ ....~ ~".I',\' ", ...: ~.~.. '\ ..-'\\ ~ ;'G(~:":'..;.~ ,':t~f r"" , . '" ..' ,..f). ."~:..." :~... I " ~-. ..; , ...... . '," I i~ " -, ..... \'" . ........, .....1 ,_ . . ! .. . ~ . . , . 1:\deplworIc.\bIonk6m\lrueco.doc; 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-24PC A RESOLUTION APPROVING A 7.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD SETBACK, A 20.0% IMPERVIOUS SURFACE COVERAGE VARIANCE, AND A 1.0 FOOT VARIANCE FROM THE REQUIRED 5 FOOT SIDE YARD SETBACK AND 5.2 FOOT VARIANCE FROM THE 15 FOOT MINIMUM STRUCTURE SEPARATION REQUIREMENT FOR THE CONSTRUCTION OF A GARAGE ADDITION BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Gregory Schweich is requesting variances from the zoning ordinance for the construction of a garage addition on property zoned R-1 (Low Density Residential) and SO (Shoreland Overlay District) at the following location, to wit; 6436 Conroy Street NEt Lot 51, Conroy's Bay Addition, Scott County, Minnesota. 2. The Board of Adjustment has reviewed the application for the variance as contained in Case #05-209PC 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. The shape, rot area. and narrowness of the lot create a hardship for the addition of a two-car garage. Therefore, an encroachment into the side yard and front yard setbacks are necessary for reasonable use of the lot. The proposed impervious surface coverage along with the condition to remove a portion of the driveway is lower (50.0%) than the existing coverage (52.4%). These variances may be warranted because the strict application of these variances would result in practical difficulties for the property owner. 5. The angled lot width of 52.9 feet and the 32 foot wide existing dwelling on the lot limit the buildable area for the second garage stall. The lot, similar to its adjacent properties is small in size (only 4,768.9 sq. ft.). Therefore, area-sensitive variance requests from the frontage setback, side yard setback, and impervious surface 1:\05 files\05 variances\schweich\approval resolution.doc www.cityofprior\ake.com 1 Phone 952.447.4230 / Fax 952.447.4245 coverage would appear warranted. The proposed changes to the existing conditions of the lot improve the current side yard setback and impervious coverage of the lot. 6. The granting of the variances is necessary for the preservation and enjoyment of a reasonable use of the property. In past cases of adjacent properties a two-car garage has been considered reasonable use of the property. 7. The granting of the variances will not impact the character and development of the Conroy Street neighborhood since many of the adjacent homes have similar conditions in area and setbacks. Furthermore, the granting of the variances will improve the existing conditions of the lot. 8. One purpose of the zoning ordinance is to "provide adequate off-street parking and loading facilities." The variances appear to be consistent with the intent of the zoning ordinance, that is, to allow the storage of vehicles and other materials within an enclosed structure, outside of the public right-ot-way. In the past, on a case by case basis, a two-car garage has been considered by the Planning Commission to be a reasonable use of properties in the shore land area. 9. The granting of the variance is not due to mere convenience to the applicant. No options for the construction of a two-garage on the property within the buildable area have been found to exist. The variances are necessary to alleviate a demonstrable undue hardship. The property cannot be put to a reasonable use with a two-car garage without relief from required front and side yard setbacks and impervious surface coverage. 10. The size and shape of the lot creates the hardship difficulty in the manner of frontage setback, side yard setback and impervious surface coverage. The needs for the requested variances are not the result of actions taken on the part of the property owner. 11. The contents of Planning Case #05-209PC 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 variances to allow for the construction of a garage addition: 1. A 7.5 foot variance from the required minimum 20 foot average front yard setback (Section 1102.405 (4)). 2. A 20.0% variance from the 30% maximum impervious surface coverage allowed in the R-1 district (Section 1104.306). 3. A 1.0 foot variance from the required 5.0 foot side yard setback and 5.2 foot variance from the 15 foot minimum structure separation requirement for nonconforming lots of record (Section 11 01.502(8)). 1:\05 files\05 variances\schweich\approval resolutlon.doc 2 . The following conditions shall be complied with prior to the issuance of a building permit for the construction of a detached accessory structure on the subject site: 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. 3. The driveway shall be a maximum of 24 feet in width at the property line and meet the 5 foot side yard setback. 4. Impervious surface coverage shall not exceed 50.0 percent. 5. Before construction of the garage addition the applicant must provide staff written confirmation from the DNR that the applicant is working with the DNR on possible alterations to the keystone wall at the rear of the property. 6. The impervious surface coverage and setback variances approved herein are not applicable upon the removal or altering of the structures on the lot to more than 50% of the County Assessor's market value of the structures. 7. The applicant must show the removal of at least 100 square feet of concrete from the east side of the driveway on the certificate of survey submitted with the building permit application. Adopted by the Board of Adjustment on November 28, 2005. Antho~Sion Chair ATTEST: r#~~ Af~ . ~t.R- . t%yf U/>1.$V IhtI/l/'v /-0 " i {}J'~'Y ~#A1I:-YC /I / ~:3 j"3 aI- UNf-72f;I'Zr&?16c 7/1' C. ~R/,,/1' C4K"@" ~..N 1:\05 files\05 variances\schweich\approval resolution.doc' .5T" oS 7' d--- 3