The URL can be used to link to this page

Home My WebLink AboutResolution 18-09PC - 5282 Candy Cove Trail NE - Variance Receipt: # 598495 A1050673 VAR $46.00 4Return to: G-PRIOR LAKE 646 DAKOTA STI SE I IIIIIII IIII IIID VIII VIII VIII VIII (IIII IIII III) PRIOR LAKE MN 55372 Certified Filed andlor recorded on: 7/23/2018 10 : 51 AM Office of the County Recorder Scott County , Minnesota Julie K. Hanson, County Recorder 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 18 - 09PC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM STRUCTURE SETBACK FROM THE OHW OF PRIOR LAKE AND A VARIANCE TO ALLOW A STRUCTURE WITHIN THE BLUFF IMPACT ZONE ON A PROPERTY IN THE R- 1 ( LOW DENSITY RESIDENTIAL) ZONING DISTRICT 46ze Je e City of Prior Lake Dated this 25th day of June 2018 . 5282 Candy Cove Trail NE, Prior Lake, MN 55372 ABSTRACT PROPERTY Township 115 , Section 36 , Range 22 PID : 259360671 Return to and drafted by : City of Prior Lake 6l��, , �� + � � • � • Community Development Department ``,,ti�` 4F ® •P R ( Q 4646 Dakota Street SE w�`. L • '�tol�E Do ,.� • r Prior Lake, MN 55372 r Ai AP40�4 too, Z a : c®• . Pf1 O� PRION N U x 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 18=09PC VARIANCE FROM THE MINIMUM STRUCTURE SETBACK FROM THE OHW OF PRIOR LAKE AND A VARIANCE TO ALLOW A STRUCTURE WITHIN THE BLUFF IMPACT ZONE ON A PROPERTY IN THE R= 1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT Motion By : Tschetter Second By : Tiernan WHEREAS , The Prior Lake Planning Commission , acting as the Board of Adjustment , conducted a public hearing on June 25 , 2018 , to consider a request from Fieldstone Family Home , on behalf of property owner, CT Retreats LLC , to approve a variance from the lake setback and a variance to allow a structure to be constructed within the bluff impact zone on a property located in the R- 1 ( Low Density Residential) Zoning District at the following property : 5282 Candy Cove Trail NE , Prior Lake, MN 55372 Legal Description : All that part of Government Lot 3, Section 36 , Township 115 , Range 22 , described as follows : Commencing at the Southwest corner of Lot 1 , Candy Cove Park; thence South 66 degrees 10 minutes West a distance of 50 . 0 feet; thence South 52 degrees 40 minutes West a distance of 50 . 0 feet; thence South 34 degrees 00 minutes West a distance of 50 . 0 feet; thence South 29 degrees 13 minutes West a distance of 42 . 9 feet; thence South 03 degrees 22 minutes West a distance of 12 . 6 feet to the actual point of beginning of the tract of land to be described ; thence South 87 degrees 44 minutes West a distance of 84 . 50 feet; thence North 75 degrees 26 minutes West a distance of 146 . 94 feet; thence South 32 degrees 08 minutes 02 seconds West a distance of 102 . 74 feet; thence North 55 degrees 38 minutes 36 seconds West a distance of 56 . 02 feet; thence South 34 degrees 21 minutes 24 seconds West a distance of 34 . 6 feet, more or less to the shore of Prior Lake ; thence Southeasterly along said Shore line to the Northerly line of Outlot 1 , LAKE SIDE MANOR; thence Easterly along said Northerly line to the Northeast corner of said Outlot 1 , thence North 03 degrees 22 minutes East a distance of 30 . 2 feet to the point of beginning , Scott County, Minnesota . ( PID 259360671 ) ; and 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 # DEV18- 000023 and held a hearing thereon on June 25 , 2018 ; and 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 PLANNING COMMISSION OF PRIOR LAKE , MINNESOTA as follows : 1 , The recitals set forth above are incorporated herein . 1 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. There are practical difficulties in complying with the strict terms of the Ordinance. This existing lot of record is of substandard in width near the Candy Cove Trail access . The presence of a bluff slope on the majority of the property and the location of the access easement leave the property with a very small buildable area without any variance approvals . The location of the proposed house is in a similar location as to the existing house therefore that area of the bluff slope is already impacted . The proposed decking area will impact the bluff slope less than the current existing decking area , b. The granting of the Variances are in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan . The granting of the variance appears to be in harmony with the general purposes of the Ordinance and Comprehensive Plan . A purpose of the Zoning Ordinance to "Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas". Furthermore, the Shoreland Ordinance (Section 1104) policy's intent is in the best interests of the public health , safety, and welfare to provide for the wise development of shoreland of public waters . " The approval of the variances as requested would allow the applicant to construct a reasonable residential lake home plan on the site in an orderly fashion with little additional impact to the steep slope areas than already impacted by the existing dwelling while preserving the necessary access to the public utilities . 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. Due to the lot width , the location of the easements and the bluff, the options to place a residence in a location which would provide for views of the lake are limited . The lot width , bluff feature , and easement location creates a practical difficulty not resulting from actions of the owners of the property . d . The granting of the variances will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. A majority of the lots in this area have single-family residences near or within the bluff areas ; therefore , the placement of the proposed residence should not alter the essential character of the neighborhood or the health and safety of the public welfare . e. The granting of the Variances 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 variance would allow the replacement of a single-family residential dwelling which is an allowed use within the R- 1 ( Low Density Residential) Zoning District. 3 , Based upon the findings set forth herein , the Planning Commission hereby approves the following variances to allow the construction of single-family house in the R- 1 SD ( Low Density Residential Shoreland ) Zoning District; a . A variance to allow a structure within the bluff impact zone (Section 1104. 303) b. A 25400t variance from the minimum structure setback from the OHW (Lake Setback) (Section 1104. 302 (4))) 4 . The variances are subject to the following conditions of approval ; a . The variance resolution shall be recorded at Scott County . b . Building Permit shall be obtained from the Building Department prior to the commencement of construction . 2 c , Drainage patterns directed toward bluff areas should be dispersed such that concentrated flow paths are not created which would cause erosion and reduce lake water quality. PASSED AND ADOPTED THIS 25th DAY OF JUNE 2018 . VOTE Fleming Kallberg Ringstad Tiernan Tschetter r LI Aye ❑ 171 El Elry Flemi Comm sion Chair 11El El Nay ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ ATTEST: Abstain ❑ ❑ ❑ ❑ ❑ Casey McCabe , CoPKnity Development Director 3