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Home My WebLink About4B - Resolution 99-116 - 6082 150th ST SE MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: CITY COUNCIL AGENDA REPORT NOVEMBER 1, 1999 4B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR 1110 CONSIDER APPROVAL OF RESOLUTION 99-~ OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD AND REAR YARD ON THE PROPERTY LOCATED AT 6082 150TH STREET SE History: On October 18, 1999, the City Council considered this appeal of the Planning Commission decision to deny a variance request by William B. Lind to replace an existing 24 ft. x 24 ft. detached garage with a new 24 ft. x 34 ft. detached garage (accessory building) in the front yard area between the principal building (house) and the front lot line. The property in question is located at 6082 150th Street SE. The Council found the requested variance met the hardship criteria and directed staff to prepare a resolution overturning the decision of the Planning Commission and approving the request. Issues: The attached resolution includes findings of facts supporting the variance request. These findings are based on the testimony at the public hearing and the discussion by the City Council. The City Council should review the resolution to be certain it contains the relevant findings. Conclusion: The attached resolution was prepared according to the direction of the City Council. The staff recommends approval of Resolution 99-XX. The City Council has two alternatives: 1. Adopt Resolution 99-XX as part of the Consent Agenda overturning the decision of the Planning Commission and approving the requested variance. 2. Defer action on this item and provide staff with additional direction. l:\99fi1es\99v;l.r\99-062\99062c~do~ 1 162uu cagle creek Ave. ~,t." Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUf-;ITY EMPLOYER RECOMMENDED MOTION: REVIEWED BY: I: \99fi1 es \99var\99-062\99062cc .doc The staff recommends Alternative #1. A motion and second as part of the Consent Agenda adopting resolution 99-XX overturning the decision of the Planning Commission and approving the requested vanance. Frank 2 /1 (p RESOLUTION 99~ RESOLUTION OF THE PRIOR LAKE CITY COUNCIL OVERTURNING A DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO LOCATE AN ACCESSORY GARAGE BUILDING BETWEEN THE FRONT BUILDING WALL AND THE FRONT LOT LINE INSTEAD OF THE REQUIRED SIDE YARD OR REAR YARD ON THE PROPERTY LOCATED AT 6082 150th STREET SE MOTION BY: SECOND BY: WHEREAS, on October 18, 1999, the Prior Lake City Council considered an appeal by William B. Lind of the Planning Commission's denial of a request for a variance to locate an accessory garage between the front building wall of the principal structure and the front lot line for the property legally described as Lots 8 & 9, Eastwood, Scott County, Minnesota; and WHEREAS, the City Council finds that the requested variance meets the standards for granting variances set forth in Section 1108.400 of the City Code, and that the appellant has set forth adequate reasons for overturning the decision of the Planning Commission; and WHEREAS, the City Council has determined that the Planning Commission's decision denying the requested variances should be overturned, and said variances should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: FINDINGS 1. William B. Lind applied for a variance from Section 1102.800 (8) of the City Code in order to permit an accessory garage building between the front building wall and the front lot line instead of the required side yard or rear yard as shown in Exhibit A on property located in the R-l (Low Density Residential) and SD (Shoreland) Districts at the following location, to wit; 6082 150th Street SE, Prior Lake MN, legally described as Lot 8 and 9 Eastwood, Scott County, Minnesota. 2. The Planning Commission reviewed the application for variance as contained in Case File #99-62PC, and held a hearing thereon September 13, 1999. The Planning Commission denied the applicant's request. 3. The Planning Commission concluded the variance request did not meet the hardship criteria and denied the request. 1:\99fi1e~99v\lr\99-062'lrs29xx.doc Page 1 16200 Eagle creeK Ave, ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 A0i EQUAL OPPORTUNITY EMPLOYER 4. William B. Lind appealed the decision of the Planning Commission in accordance with Section 1109.400 of the City Code on September 17, 1999. 5. The City Council has considered the effect of the proposed variances 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 variances on the Comprehensive Plan. 6. Because of conditions on the subject property and on the surrounding property, the proposed variance will not result in the impairment of an adequate supply of light and air to adjacent properties, unreasonably increase congestion in the public streets, increase the danger of fire, and danger to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 7. The City Council has determined the request meets the hardship criteria. The unique circumstances or conditions regarding the property include the exceptionally deep lot, the existence of a front yard on the street and a front yard on the lake side of the property, and the fact that the proposed garage is not a major modification of the existing garage. In addition, the potential drainage problems which may occur as a result of placing the garage closer to the house would constitute a hardship. 8. The granting of the variance will not serve merely as a convenience to the applicant, and is necessary to alleviate demonstrable hardship. 9. The contents of Planning Case File #99-062 are hereby entered into and made a part of the public record and the record of the decision for this case. CONCLUSION BE IT FURTHER RESOLVED, based upon the Findings set forth above, the City Council hereby overturns the decision of the Planning Commission and approves the following variance, as shown in Exhibit A, which exhibit is incorporated into this resolution: 1. A variance to permit location of an accessory building (detached garage of 816 sq. ft.) between the front building wall and front lot line (the front yard) rather than the requirement of rear or side yard location, Code 1102.800 (8) reads in part, No accessory building shall be located between the front building wall and the front lot line. BE IT FURTHER RESOLVED, the approved variance is subject to the following condition: 1. The resolution must be recorded and proof of recording submitted to the Planning Department. An Assent Form must be signed and, pursuant to Section 1108.400 of the City Code, the variance will be null and void if the necessary permits are not obtained for the proposed structure within one year after adoption of this resolution. Passed and adopted this 1st day of November, 1999. I: \99fi les\99var\99-062\rs99xx,doc Page 2 {Seal} I: \99fi1 es\99var\99-062\rs99xx.doc Mader Kedrowski Petersen Schenck Wuellner YES Mader Kedrowski Petersen Schenck Wuellner NO City Manager, City of Prior Lake Page 3