HomeMy WebLinkAbout98-26PC 16211 Birch Ave VAR Doc. No. 4=C c 7
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY,MINNESOTA
Certified filed and/or Recorded on
OCT 011998 3 M.
Pat Boeckman,County Recorder
File No. 98-118 Mark Sudheimer by Alice Busacker.Deputy
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STATE OF MINNESOTA) -�b 1 LJ 2'1). uka'k-
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W a�a.'o rnN . 55321
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 98-26PC Variance to Garage Size
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.
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RESOLUTION 98-26PC
A RESOLUTION GRANTING A 416 SQUARE FOOT VARIANCE TO PERNUT
A DETACHED GARAGE SIZE OF 1,248 SQUARE FEET(47 FOOT BY 24 FOOT
GARAGE AND 120 SQUARE FOOT STORAGE AREA) INSTEAD OF THE
MAXWUM ALLOWED OF 832 SQUARE FEET
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake,Minnesota;
FINDINGS
1. Mark Sudheimer has applied for a variance from the Zoning Ordinance in order to
permit the construction of a detached garage on property located in the R-1 (Suburban
Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
16211 Birch Avenue, legally described as:
That part of the Northwest Quarter of Section 2, Township 114, Range 22,
Scott County, Minnesota, described as follows:
Beginning at a point 50.00 feet East of the northeast corner of Lot 1, Block 3,
plat of "Lakeside Garden"; thence East parallel with the north line of Main
Street of said plat, a distance of 110 feet; thence North parallel with the east
line of said Block 3, to the southerly line of the plat of "Lakeside Park";
thence westerly along said southerly line a distance of 110 feet more or less to
the intersection with a line drawn from the point of beginning, northerly and
parallel with the east line of said Block 3, of the plat of"Lakeside Gardens";
thence southerly along said parallei line to the point of beginning.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case#98-108 and held hearings thereon on September 14, 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
16200 � � ����`� C.g�P:bYL �,-vlir �sbta 55372-1714 / Ph. (612) 447-4230 / Fax(612)447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 large lot size, the
fact that the 4-plex on the lot was built in 1961, prior to the adoption of a zoning
ordinance, and there currently does not exist a garage on the property.
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. The
factors listed above do not allow for an alternative and reasonable solution to
construction a garage for four dwelling units on the lot without a variance.
7. The contents of Planning Case 98-118 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 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.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance, as shown in attached Exhibit A, for proposed detached
garage;
1. A 416 square foot variance permitting a 1,248 square foot detached garage instead of
the maximum 832 square feet allowed in the R-1 zoning district.
The following are conditions of this variance approval:
1. The garage is to be 47 feet by 24 feet (1,128 square feet) to accommodate four
required off-street parking stalls and an additional 120 square feet for storage of
maintenance equipment resulting in total size of 1,248 square feet.
2. Four additional off-street hard surfaced parking spaces must be provided for on the
lot. The new parking area must meet all city codes including impervious surface of
the lot. The existing gravel parking area currently located within the right-of-way
must be removed and restored with sod as part of the building permit for the proposed
garage.
2
3. One additional curb cut, not to exceed 24 feet, will be allowed to accommodate the
required off-street parking.
4. This variance does not serve as approval to continue the non-conforming use of the
property as a 4-plex. As per City Code Section 5-5-1, should the use be discontinued
or the become structure more than 50% destroyed, only permitted uses will be
allowed upon reconstruction.
Adopted by the Board of Adjustment on September 14, 1998.
thony Stamson, Chair
7EST:
CW4 -- "Ie
Donald R. Rye, #lanni#g Director
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PROPERTY DESCRIPTION AS PROVIDED: f:• �r,v::
That port of the Northweet Quarter of Section 2. Township 111, Range 22. Scott Cauntx Mlnnesotet, Eesafted as falloere
Beginning at a point 50.00 feet East of the northeast comer of lot 1. Block 3, plot�f_wlakeside Garden'; thence East
paroltei %4th the north Ilns of Mom Street of said ppl1at, a distance of 110 feet; throes North pora11e1'with the one line of
said Block 3. to the southerly line of the plot of 'Lakeside Pork% thence westerly olong.sold mutherty line o distance
of 110 feet more or lees to the Intersection with a Ilse drawn from the point of begkmklq, northerly and parallel .1th the
east line of sold Block 3 of the plat of 'Lakeside Gardens% thence southerly olenq.sald;paraft the to the-point of beginning.
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CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Permit Application)
For All Properties Located in the Shoreland District (SD).
The Maximum Impervious Surface Coverage Permitted in 30 Percent.
Property Address 62— ' rc.ln vc�nv
Lot Area Q.) —f Sq. Feet x 30/o S 9 to
o —
LENGTH WIDTH SQ- FEET
HOUSE y_vv.:�- ���� 5c• x 2,G•'- W l 13S
x �.
ATTACHED GARAGE it x a
TOTAL PRINCIPLE STRUCTURE......................
- 1 135
DETACHED BLDGS _ 5-7 x Z 1 (oS
(Gara�e/Shed) x
TOTAL DETACHED BUILDINGS.......................
DRiVEWAY/PAVED AREAS 6-7 x ZS l q7-5
{Driveway-paved r not) x =
(SidewaWParking Areas) x
TOTAL PAVED AREAS......................................... l SZrj
PATIOS/PORCHES/DECKS x -
(Open Decks'b"min.opening between x
boards,with a pervious surface below,
are not considered to be impervious) �.
x =
TOTAL DECKS........................................................
OTHER x _
x =
TOTAL OTHER....................................................... `
TOTAL IMPERVIOUS SURFACE 2�
UND OVER .°
Prepared By v� " QX4 Q,%A Date
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