HomeMy WebLinkAbout08-10PC 5380 Cottonwood Ln VAR Doc. No. A 806189
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
�^ Certified Fled and/or Recorded on
08-11-2008 at 11-00 Receipt.-723647
Pat Boeckman, County Recorder 01
Fee- $ 46.00
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary for the City of Prior Lake,hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 08-10PC
A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED
MINIMUM FRONT YARD SETBACK TO ALLOW FOR A BUILDING ADDITION
ON A PROPERTY IN THE C-5 (BUSINESS PARK) ZONING DISTRICT
'Aal 4r-
onme Carlson
City of Prior Lake
.�` Dated this 23i'd day of July, 2008.
;. (City Seal)
EM Product—Variance 08-128
25-296-001-0 5380 Cottonwood Lane
Please return document to:
City of Prior Lake
XAttn: Connie Carlson
4646 Dakota Street SE
Prior Lake, MN 55372
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"�NESd<P RESOLUTION 08-10PC
A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED MINIMUM
FRONT YARD SETBACK TO ALLOW FOR A BUILDING ADDITION ON A
PROPERTY IN THE C-5 (BUSINESS PARK ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Preston Reynolds is requesting a variance from the front yard setback to allow for a
building addition on a commercial property zoned C-5 (Business Park) at the
following location, to wit;
5380 Cottonwood Lane SE, Prior Lake, MN 55372
That part of Lot 1, Block 1, Waterfront Passage Addition, Scott County, Minnesota
described as follows: 3L5aC`1kD00k0
That part of Lot 1 lying westerly of a line described as: Commencing as the Northeasterly
comer of said Lot 1, Block 1; thence North 62 degrees 52 minutes 03 seconds West
along the northeasterly line of said Lot 1, Block 1, a distance of 1073.82 feet to the point
of beginning of the line to be described;thence South 31 degrees 36 minutes 51 seconds
West a distance of 275.72 feet to the southwesterly of said Lot 1, Block 1, and there
terminating. (PID25-296-001-0)
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case#08-128 and held a hearing thereon on July 14, 2008.
3. 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.
4. The hardship has been created by the expansion of the county highway and did not
result from the actions of the property owner.
5. Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
6. 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 shape and size of the
lot of record.
7. 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 the addition to maintain the existing setback on the site.
L\08 files\08 variances\em products\appw&Tn 8tion&%e tom 1
Phone 952.447.9800 / Fax 952.447.4245
8. The granting of the variances will not impact the character and development of the
local neighborhood. Many of the buildings along Cottonwood Lane, south County
Highway 21 have similar setbacks.
9. Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
10. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The nonconformity was created as a result of the
reduced setback.
11. The reduced front yard setback is unique to this lot due to the expansion of the
highway right-of-way. The applicant has proposed an addition which will maintain
the existing setback as the current structure.
12. The exceptional condition of the highway expansion has created the nonconforming
setback of 35 feet. To maintain the existing setback the applicant is required to
obtain a variance from the front setback.
13. The contents of Planning Case#08-128 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 variance from the front yard setback to allow for a building addition on a
commercial property zoned C-5 (Business Park):
• A 15 foot variance from the minimum 50 foot front yard setback required in
the C-5 District(Section 1102.1406).
The variance is subject to the following conditions:
1. This resolution must be recorded at Scott County within 60 days of adoption. Proof of
recording,along with the acknowledged City Assent Form,shall be submitted to the
Community Development& Natural Resources Department prior to the Issuance of a
building permit.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on July 141
Dan RingstacillActing Commission Chair
EST:
Danetle Moore, Community Development & Natural Resources Director
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