HomeMy WebLinkAbout98-04PC 3204 Butternut Cir VAR 412143
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File No. 98-026 Charles Olson and Joan Holsten yell �� 1,AYi. V-0q►ab
STATE OF MINNESOTA)
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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 98-04PC Variance to Lot Width and Driveway Setback
on file in the office of the City Planner, City of Prior Lake.
Kirsten O en
Deputy City Clerk
Dated this 24th day of March, 1998.
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RESOLUTION 98-04PC
A RESOLUTION GRANTING A 28.13 FOOT VARIANCE TO PERMIT A 21.87
LOT WIDTH AT THE FRONT YARD SETBACK INSTEAD OF THE
REQUIRED 50 FEET TO BUILD ON A SUBSTANDARD LOT; AND
A 1.5 FOOT VARIANCE TO PERMIT A DRIVEWAY SETBACK OF 3.5 FEET
INSTEAD OF THE REQUIRED 5 FEET.
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Charles Olson and Joan Holsten have applied for variances from the Zoning
Ordinance in order to permit the construction of a single family dwelling 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;
3204 Butternut Circle, legally described as Lot 28, Northwood, Scott County,
MN.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case 498-026 and held hearings thereon on March 9, 1998.
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.
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.
L:\98FILES\98 VAR\98-026�9804PC.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612)447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
6. The granting of the variance is 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 driveway without the variances.
7. The contents of Planning Case 98-026 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, yet to be designed.
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, for future development
on the lot meeting required setbacks;
1. A 28.13 foot variance permitting a 21.13 foot lot width at the required front yard
setback instead of the required 50 foot lot width; and
2. A 1.5 foot variance permitting a 3.5 foot driveway setback instead of the required 5
foot driveway setback.
Adopted by the Board of Adjustment on March 9, 1998.
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Anthony Stamson, Chair
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Donald R. Rye, NinninPirector
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