HomeMy WebLinkAbout98-22PC Lot 3 Fairview Beach VAR Doc.No.
Vol
OFFICE OF THE REG�T OF T"*8
SCOTT COUNTY. .
Certified filed on 5
SEP 2 9 1998 :
Pat Boeckman.Regbtrer of Titles
by Bev Wagner.DePuty
File No. 98-094 Timothy Boeck
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 98-22PC Variance to Lot Area
on file in the office of the City Planner, City of Prior Lake.
Kirsten Oden
Deputy City Clerk
Dated this 24th day of September, 1998.
TRUBCOPY DOC PAGE 1
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RESOLUTION 98-22PC
A RESOLUTION GRANTING A 909 SQUARE FOOT VARIANCE TO PERMIT
A LOT AREA OF 6591 SQUARE FEET INSTEAD OF THE REQUIRED 7500
SQUARE FEET TO BE BUILDABLE
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Timothy Boeck has applied for variances from the Zoning Ordinance in order to
permit the construction of a single family residence with attached garage on property
located in the R-1 (Suburban Residential) District and the SD (Shoreland Overlay)
District at the following location, to wit;
Lot 3, Fairview Beach, Scott County, MN.
2_ The Board of Adjustment has reviewed the application for lot area variance as
contained in Case#98-094 and held hearings thereon on August 24, 1998.
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. 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 variance 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.
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
and the fact that the property was platted in 1926 prior to the incorporation of the city.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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6. The granting of the 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,but is necessary to alleviate demonstrable hardship.
7. The applicant has met all of the conditions of Section 5-8-12 0) for development on a
substandard lot.
8. The contents of Planning Case 98-094 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
City Code the variance 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 variance has failed to
obtain any necessary, required or appropriate permits for the completion of
contemplated improvements including a future structure.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance;
1. A 909 square foot variance to permit a lot area of 6591 square feet instead of the
required 7500 square feet to be buildable.
The variance is subject to the following condition;
1. No future variances are to be granted for the property.
Adopted by the Board of Adjustment on September 14, 1998.
Anthony Stamson, Chair
ST:
Donald R. Rye, PI Director
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