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File No. 98-057 Jim Ruzicka
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
Resolution 98-15PC Variance to Lot Width and Bluff Setback
on file in the office of the City Planner, City of Prior Lake.
Kirsten Oden
Deputy City Clerk
Dated this 12th day of June, 1998.
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RESOLUTION 98-15PC
A RESOLUTION GRANTING A 0.46 FOOT VARIANCE TO PERMIT A LOT
WIDTH OF 49.54 FEET INSTEAD OF THE REQUIRED 50 FEET TO BE
BUILDABLE; AND
A 34.00 FOOT VARIANCE TO PERMIT SETBACK FROM TOP OF BLUFF OF
47 FEET INSTEAD OF THE REQUIRED 81 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,Minnesota;
FINDINGS
1. Lim Ruzicka has applied for variances from the Zoning Ordinance in order to permit
the construction of a single family residence with detached garage on property located
in the R-1 (Suburban Residential)District and the SD (Shoreland Overlay) District at
the following location,to wit;
16099 Northwood Road, legally described as Lot 89, Northwood, Scott
County, MN.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #98-057 and held hearings thereon on May 26, 1998. After completing the
hearings, the Planning Commission directed staff to prepare a resolution approving
the variances as requested.
3. The Board of Adjustment has considered the effect of the proposed variances 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 variances on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variances will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
1:\98rila\98var\98.057\re9815po.dm 1
16200 Eagle Creek Ave. S.E., Prior lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax(612)447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this property include the substandard lot size,
the fact that the property was platted prior to the incorporation of the city, the location
of private utility and driveway easements, and the adjacent property owner's refusal
to release those easements.
6. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but are necessary to alleviate demonstrable hardship.
The factors listed above do not allow for an alternative location of the proposed
structure and garage without the variances.
7. The contents of Planning Case 98-037 are hereby entered into and made a part of the
public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code these variances will be deemed to be abandoned, and thus will be
null and void one(1) year from the date of approval if the holder of the variances has
failed to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements including the future structure.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variances, as shown in attached Exhibit A (survey) for future
single family dwelling and detached garage;
1. A 0.46 foot variance to permit a lot width of 49.54 feet instead of the required 50 feet
to be buildable; and
2. A 34.00 foot variance to permit setback from top of bluff of 47 feet instead of the
required 81 foot setback.
Adopted by the Board of Adjustment on Jane 8, 1998.
Mth ny Stamson, Chair
EST: 2"
on R. Rye,Pi4manADirector
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