HomeMy WebLinkAboutResolution 24-02PC 2965 Spring Lake Road SW Varaince O� PRIo
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Prior Lake, MN 55372
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RESOLUTION 24-02PC
VARIANCE FROM THE MINIMUM SUM OF THE SHORELAND SETBACK TO ALLOW A SINGLE-
FAMILY HOME ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND)
ZONING DISTRICT AT 2965 SPRING LAKE ROAD SW
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on March 25, 2024, to consider a request from Robert and Nicole
Langheim, the property owners, requesting a variance from the minimum shoreland
setback to allow construction of a single-family home on a property located in the R-
1 SD (Low Density Residential Shoreland) Zoning District at the following property:
(PID 251330870)
Legal Description: Lot 1 and 2, Block 50, Spring Lake Townsite, Scott County,
Minnesota.
Address: 2965 Spring Lake Road SW, Prior Lake, MN 55372; 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 variances as
contained in Case #DEV24-00004 and held a hearing thereon on March 25, 2024;
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.
2. The Planning Commission hereby adopts the following findings:
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Code.
The granting of the variances is in harmony with the general purposes of the Ordinance and
Comprehensive Plan. The purpose of the Zoning Ordinance is to "Promote the most
appropriate and orderly development of the residential, business, industrial, public land, and
public areas". Furthermore, the Shoreland Ordinance (Section 1130) policy's intent is "in the
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best interests of the public health, safety, and welfare to provide for the wise development
of shoreland of public waters."
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The granting of the variance is consistent with the Comprehensive Plan and its goal to
maintain and improve physical character and identity. This is accomplished by achieving
compatible relationships between different types of land uses by utilizing design standards,
appropriate buffers, land use transitions, and high-quality design.
c. Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the Zoning Code. "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
Code, the plight of the landowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the essential
character of the locality.
There are practical difficulties in complying with the strict adherence to the Ordinance. The
existence of a watercourse through the lot creating three points of OWHL setbacks at 50
feet severely reduce the buildable area. This is also a unique lot condition and not frequently
encountered. The proposed single-family home is sized appropriately for a lot of 29,000
square feet under normal lot conditions.
The condition was not created by the applicant and the proposal of a reduction to 30-foot
setback to the OHWL is the minimum necessary to construct the proposed home.
The proposed reduction is similar to, if not less than, setbacks found throughout the north
shoreline of Spring Lake. There are some lot which feature setbacks near zero (0) feet. In
the context of the surrounding properties, a 30-foot setback is in conformance with the
neighborhood character.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
3. Based upon the findings set forth herein, the Planning Commission hereby approves the
following variances to allow the construction of a garage per the proposed survey in the R-1 SD
(Low Density Residential Shoreland) Zoning District:
a. A 20-foot variance from the required minimum setback from the Ordinary High Water Level
(OHWL). (Subsection 1130.407(2))
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. A Building Permit shall be obtained from the Building Department prior to the
commencement of construction.
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PASSED AND ADOPTED THIS 25T" DAY OF MARCH 2O24.
VOTE Pasquarette Johnsor Kallberg Tennison Ringstad
Aye kr v[r R'
Nay ❑ ❑ ❑ El ❑ WDaningsta , Co ss'
Absent ❑ ❑ ❑ ❑ ❑
A ❑ ❑ ❑ ❑ ❑
Abstain
ATTEST:
Casey McC e, Community Development Director
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