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RESOLUTION 97-17PC
A RESOLUTION APPROVING A 3 PERCENT VARIANCE REQUEST TO
PERMIT IMPERVIOUS SURFACE OF 33 PERCENT RATHER THAN THE
MAXIMUM ALLOWED OF 30 PERCENT FOR A PROPOSED GARAGE AND
EXPANDED DRIVEWAY ON PROPERTY LOCATED AT 14407 WATERSEDGE
TRAIL FOR WENDY WHITNEY.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Wendy Whitney has applied for a variance from Section 5-8-3 of the City Code in
order to permit the construction of a 528 square foot detached garage and additional
bituminous driveway, as shown in Exhibti A, on property located in the R-I
(Suburban Residential) District and the SD (Shoreland Overlay) District at the
following location, to wit;
14407 Watersedge Trail, legally described as Lot 35, Boudins Manor, Scott
County, MN
I. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-103 and held hearings thereon on October 27, 1997.
2. 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.
3. The applicant's request of 35.5% impervious surface, Exhibit A, can be reduced as
indicated in Exhibit C to 33%. The reduction is a result of reducing the garage size to
480 square feet, removing the 80 square foot shed, removing bituminous driveway
adjacent to the stoop and narrowing the driveway to 9 feet prior to the stoop.
4. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants. and is necessary to alleviate demonstrable hardship as
no reasonable alternatives exist.
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372~ 1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The DNR has no recommendation on approval, but suggest if approved, a condition
such as a drainage swale to decrease rate of run-off from the additional impervious
surface be constructed.
6. The contents of Planning Case 97-103 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 for the proposed garage and driveway as shown with revision in
Exhibit C;
1. A 3 percent variance to permit impervious surface coverage of 33 percent
instead ofthe maximum allowed of30 percent.
The approval of the variances is contingent upon the following conditions:
I. A revised survey must be submitted, indicating the proposed changes to
decrease the impervious surface to 33% as indicated in Exhibit C and referred
to in the staff report.
2. As recommend by the DNR, additional impervious surface must be diverted to
a swale or holding area to decrease the rate of run-off.
3. Gutters be placed along the roof of the proposed garage to direct run-off
towards the rear ofthe property.
Adopted by the Board of Adjustment on October 27,1997.
Anthony Stamson, Chair
ATTEST:
Donald R. Rye, Planning Director
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