Loading...
HomeMy WebLinkAbout98-16PC 14294 Aspen Ave - VAR Doa No., OFFICE OF THE REGISTRAR OF TITLES SSCOCOTTT COUNTY.MNESO�TA ae SW an J JUL 2 3 1998 M. Pat Soeckman,Registrar of Titles by Bev Wagner,Deputy File No. 98-048 James Nerison x 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 98-16PC Variance to Side Yard Setback on file in the office of the City Planner, City of Prior Lake. )pL Kirsten Oden Deputy City Clerk Dated this 12th day of June, 1998. rRUECOPY.DOC PAGE 1 off, PRrO� P ��NNESO� RESOLUTION 98-16PC - APPROVING A 0.1 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 9.9 FEET RATHER THAN THE MINIMUM REQUIRED SETBACK OF 10.0 FEET. BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,Minnesota; FINDINGS 1. James Nerison has applied for a variance from Section 5-4-1 of the City Code on property located in the PUD (Planned Unit Development) and SO (Shoreland Overlay)Districts at the following location, to wit; 14294 Aspen Avenue, legally described as Lot 16, Block 4, Sand Pointe Second Addition, Scott County MN. 2. The Board of Adjustment has reviewed the application for a variance as contained in Case #98-048 and held a hearing thereon on April 27, 1998, The discussion was continued to gather additional information relating to Shoreland District boundaries and use of easements. 3. The applicant requested the item be continued to May 26, 1998. 4. The Board of Adjustments continued discussion on May 26, 1998 and reviewed the requested additional information. On May 26, 1998 the Planning Commission directed staff to prepare a resolution of approval. 5. The Board of Adjustment has considered the effect of the requested setback 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. 6. The granting of the setback variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance will not serve merely as a convenience to the applicant. 1.\98fi s\9gvar\98-048\re9816pc.dac Page 1 16200 Eagle reek Ave. S.E.. Prior lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax(612)447-4245 AN EQUAL OPPORTnN=EMPLOYER 7. The Board of Adjustment finds the applicant intended to meet the setback and was utilizing a survey that was inaccurate. Had the applicant applied for a permit for the deck, a revised survey would not have been necessary and the 0.1 foot discretion would most likely have gone unnoticed. 8. The Board of Adjustment finds the spirit and intent of the ordinances is met if the variance is granted. 9. The contents of Planning Case 98-048 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 variances for 14294 Aspen Avenue, as shown in Exhibit A (survey and legal description) for a proposed uncovered deck as shown in the same location as proposed porch; 1. A 0.1 foot variance to permit a 9.9 foot setback rather than the minimum setback required of 10.0 feet. Adopted by the Board of Adjustment on June 8, 1998, Anthony Stamsonl-Chair ST: 1PL, Donald R. Rye, Pl Director 1:Mffl s\99w 98-048ke9816pe.doc Page 2 EXHIBIT A C�'RTIFIC�4T�' OF SURT��'Y FOl� fgyyZ7S rVZRISON LEGAL DESCRIPTION: - S0T 16, BLOCK / SAND POINTS SECOND ADOPTION SCOTT COUNTY, MINNESOTA 1' �j �a•rc �• \ Y , N LEGEND S Oo.. .. w 0 d0 60 k. CRPPNIC 5C LE — FEET • "n`•wn'n""� ,r+w•arRti ry .m.rFssusr n_._.wens r.. Sr,iu nu O. nu ♦n .. 44 A� �.......w® ...,.n ,••.w..•+••w< �InTON a MENK INC- .:na vn i59fl.0035 f6F NO. 1]B6 NEi iBOd658,1 C= OF PRIOR LAKE Impervious Surface Calculations (TP be suboieed with Building Prtnit Applicaran) For All Properties Located in the Shoreiand Dis-ct (SD). The Maximum Impervious Surface Coverage P_r`red in 30 Percent. Property Address 14Ll '+ A,-Oevl Av2— Lot Area R T33 So. Feet x 30% = .............. Z(al9 .90 LENGTH WIDTrI SQ. FEE HOUSE x x = ATTACEED GARAGE x TOTAL PRLYCIPLE MUCTLRZE_------- DETACEMD BLDGS x (caragdshad) x TOTAL DETACEED BUILDINGS_____.----- DRIVEWAYiPAVED A:Z-:AS x = ICC3 Z9 rvewa paved or aaq x = (sidewalWPar!cing Arm) x = TOTAL PAVED URTAS_......... cC3 29 4T' ORC:EaI=KS x a 55 C9 (op=Decks A-min.opening ba. x — bamd&widt a pious mr. -bciow, are pat..ide_d m be inpeviaua) I G..J • G'�G x = TOTAL 2-CI 15 OTrE4 x = x = TOTAL TOTAL DIYLPERVIOUS SURFACE IJIND OV—E 4.53 L - Prepared By �2 Y, 141� Date 3 1[;[4R Corapany Phcue r r170 - 05C5