HomeMy WebLinkAboutResolution 24-09PC 15211 Edinbourough Ave NE Variance Receipt:#747190 Al 197715
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4646 ST
PRIOR LAKE MN 56372 Certified Fled andror recorded arc
11/19/2024 9:19 AM
Office of the County Recorder
Scott County,Mirmesota
Julie K Hanson,Courdy Recordor
(This cover sheet is now a permanent part of the recorded document)
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4646 Dakota Street SE
F" VVESO Prior Lake. MN 55372
RESOLUTION 24-09PC
VARIANCES FROM THE MINIMUM SIDEYARD SETBACK
AND MAXIMUM IMPERVIOUS SURFACE
FOR A PROPERTY IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT
Motion By: F„ "m4,,L-- Second By: 773,�,,,,.r,,
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment,
conducted a public hearing on October 14, 2024 to consider a request from
Pamela Karahalios, property owner, to approve variances on a property in the
R1-SD (Low Density Residential Shoreland) Zoning District at the following
property:
15211 Edinborough Avenue NE, Prior Lake, MN 55372
Lot 40, Maple Park Shore Acres, Scott County, Minnesota.
(PID 25-036-035-0)
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 #DEV24-000030 and held a hearing thereon on October 14,
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,
ACTING AS THE BOARD OF ADJUSTMENT, 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
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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
residential property has some unique characteristics including the narrow and small
size of the property. Due to the required setbacks and impervious surface maximum,
there would be a limited buildable area without approval of variances from the sum of
the side yard setback and impervious surface maximum.
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 variances 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 1130) 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
reasonable residential house is in harmony with these purposes and policies.
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.
The presence of a steep slope on the property, narrow lot width, and small lot size
creates a practical difficulty for the property owner to create a reasonable house
without the requested variances.
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.
The granting of the variances will not alter the essential character of the neighborhood.
There are other properties in this corridor with similar slopes, nonconforming setbacks,
impervious surface areas, and narrow/small lot configurations.
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 variances would allow the construction of a 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 construction of a single-family dwelling in the R-1 (Low Density
Residential) Zoning District:
a. A 0.1-foot variance from the minimum 15-foot sum of the side yards on the
nonconforming lot and on the adjoining lot to the east. (Section 1123.201 (6)).
b. A 3.0% variance from the maximum 30% impervious surface requirement (Section
1130.405)
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. The proposed driveway from garage to Quaker Trail must be paved or other suitable
surface in accordance with City Code.
c. The proposed driveway must be no greater than 24 feet at the front property line in
accordance with City Code.
d. A survey will be provided to the city by the applicant with impervious surface and
setback details prior to the issuance of a building permit.
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PASSED AND ADOPTED THIS 14T" DAY OF OCTOBER 2024.
VOTE Johnson Fenstermacher Tschetter Kallberc_ Ringstad �Jaso schetter,
Aye C mission Chair
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ El El ❑ 0 71ATTEST: C
Casey McCa
Co &Economic Development Director
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