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HomeMy WebLinkAboutResolution 17-20PC - 17098 Adelmann Street SE Variance Receipt : # 582795 T247846 VAR $46.00 Cert # 52369 Return to: I IIIIIIII III VIII VIII VIII VIII VIII IIII IIII G PRIOR LAKE CITY 4646 DAKOTA ST SE PRIOR LAKE MN 55372 Certified Filed andfor recorded on: 10/31 /2017 10 : 28 AM Office of the Registrar of Titles Scott County , Minnesota James L. Hentges, Registrar of Titles STATE OF MINNESOTA) ) ss . COUNTY OF SCOTT ) The undersigned, duly qualified and Planner for the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copies of RESOLUTION 17 -20PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE I - 1 (GENERAL INDUSTRIAL) ZONING DISTRICT de00000eo JefrWzee City of Prior Lake Dated this 11 "' day of September 2017 . 17098 Adelmann Street SE Section 12 , Township 114 , Range 022 Torrens Property PID : 254440010 DEV17 - 17 -001035 Return to and drafted by : City of Prior Lake Community and Economic Development Department 4646 Dakota Street SE oC PR � O Prior Lake, MN 55372 fee* Air fill PRIO o� 1P !W4 U rr� 4646 Dakota Street SE so ��' Prior Lake. MN 55372 RESOLUTION 17 -20PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR A PROPERTY IN THE I - 1 ( GENERAL INDUSTRIAL ) ZONING DISTRICT Motion By : Petersen Second By : Ringstad WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment , conducted a public hearing on September 11 , 2017 , to consider a request from Dan Stanley and Larry Raasch on behalf of SR Property Development LLC to approve a variance from the minimum front yard setback to allow construction of an office/warehouse structure on a property in the k1l ( General Industrial ) Zoning District at the following property : 17098 Adelmann Street SE , Prior Lake , MN 55372 Lot 1 , Block 1 , Deerfield Industrial Park 5th Addition , Scott County , Minnesota . ( PID 25-444 - 001 -0 ) WHEREAS , Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances ; and WHEREAS , The Planning Commission proceeded to hear all persons interested in this variance request , and persons interested were afforded the opportunity to present their views and objections related to the variance request ; and WHEREAS , The Planning Commission has reviewed the application for the variance as contained in Case # DEV-2017-0035 and held a hearing thereon on September 11 , 2017 , WHEREAS , The Planning Commission 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 NOW THEREFORE , BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE , MINNESOTA as follows : 1 . The recitals set forth above are incorporated herein . 2 . The Planning Commission hereby adopts the following findings : a . There are practical difficulties in complying with the strict terms of the Ordinance . " Practical difficulties , " as used in connection with the granting of a Variance , means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance . Economic considerations alone do not constitute practical difficulties . 1 The triangular shape of the site creates a practical difficulty for the property owner. The radius turns to maneuver of industrial equipment and utilizing dock or unloading areas in the limited buildable area of the triangular lot is problematic without shifting the building site forward on the lot to within 15 feet of the front property line , while maintaining the 60 feet rear yard setback distance . b . The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan . The 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 . The proposed variance will allow for the use of the triangular-shaped property while maintaining the required rear setback of 60 feet from residential property . c . The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. Granting the variance will not merely serve as a convenience to the applicant , but rather is necessary to alleviate an undue hardship due to the triangular shape of the lot of record . d . The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare . The granting of the variance will not alter the existing character of the neighborhood . The 60400t rear setback form residential property will be in compliance . The 15 -foot front setback will still allow landscaping in the front yard . The building being closer to Adelmann will not " crowd " the street corridor , nor create any sight issues . Adelmann has a wide 80400t right-of-way ; a sidewalk is located on the south side with planted boulevard trees . The 100-foot building itself is only subject to the reduced setback ( or 36 % of the full lot width of 330 feet) . Therefore , 64 % of the lot width along Adelmann does not have any visual impact . e . The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located . The requested construction is for an office/warehouse and storage use which is an allowed use within the I - 1 (General Industrial ) Zoning District , 3 . Based upon the findings set forth herein , the Planning Commission hereby approves the following variance to allow a construction of an office warehouse building in the I - 1 (General Industrial ) Zoning District : a . A 1546ot variance from the required minimum 3046ot front yard setback (Section 1102. 1405) 4 . The variance is subject to the following conditions of approval : a . The variance shall be recorded at the Scott County Recorder' s Office . b . The variance is subject to the issuance of required permits from all applicable governmental agencies . 2 PASSED AND ADOPTED THIS 11TH DAY OF SEPTEM VOTE Fleming Kallberg Petersen Ringslad Tiernan Aye ❑ ❑ ❑ ❑ 1:1 jByan Flemin , Commission Chair Nay ❑ ❑ ❑ ❑ ❑ r`ATTES Absent ❑ ❑ ❑ ❑ ❑ Casey McCabe, CQwafrunity Development Director Abstain ❑ ❑ ❑ ❑ ❑ 3