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HomeMy WebLinkAbout98-27PC 16800 Duluth Ave SE Doc. No. A 429068 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Fled andlor Recorded on 10-30-1998 at 08-20 t�j AM [ l PM Pat Boeoloran,County Recorder 01 by /h►'� , Deputy Fee: $20.00 Case#98-116 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. A RESOLUTION APPROVING A VARIANCE TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 24 TO 19 FOR A CONVENIENCE STORE/CAR WASH on file in the office of the City Planner,City of Prior Lake. Kirsten Oden Deputy City Clerk Dated this 7th day of October, 1998. q. Wn�6 55440 r C0?V'(�T Ty OCT 8 1998 TRVECOPY.DOC 1 O� PR,10 , _ AV � N E S 0 C P RESOLUTION 98-27PC A RESOLUTION APPROVING A VARIANCE TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 24 TO 19 FOR A CONVENIENCE STORE/CAR WASH BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Holiday Station Stores has applied for a variance from the Zoning Ordinance in order to permit the construction of a car wash addition to an existing structure on property located in the B-3 (General Business)District at the following location, to wit; 16800 Duluth Avenue SE, legally described as follows: Lot 1, Block 2, Brooksville Center 2nd Addition, Scott County, Minnesota, except for the following described parcel: That part of Lot 1, Block 2, Brooksville Center 2nd Addition, Scott county, Minnesota, lying Northerly of the following described line: Beginning at a point on the westerly line of said Lot 1, distant 170.00 feet southerly of the northwest corner of said Lot 1; thence northeasterly parallel to the northerly line of said Lot 1, a distance of 192.59 feet more or less to its intersection with the easterly line of said Lot 1, and there terminating 2. The Board of Adjustment has reviewed the application for variances as contained in Case#98-116 and held hearings thereon on September 14, 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, 1A98files\98var\98-116\re9827pc.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612)447-4230 / Fax(612)447-4245 AN EQUAL OPPORTCINI7Y EMPLOYER morals or in any other respect be contrary to the Zoning Ordinance and Comprehensive Plan. 5. The property was platted in 1979 and the first gas station was constructed in 1980. In 1996 a major renovation of the site commenced. There is a 25 foot wide private easement on the property, located on the south lot line. This easement is to allow thru access to the Dairy Queen. The easement results in the use of land that could otherwise be used to accommodate required parking. 6. The ordinance does not presently allow us to count the spaces at the pump islands as parking spaces. There are 8 pumps, with 2 parking spaces, each on this site. If these parking spaces are included, the applicant would exceed the required parking for the use. The intent of the required parking spaces is to ensure adequate on site parking for the use, and to ensure parking does not encroach onto the public right-of-way, or adjacent properties. The proposed use requires 24 spaces. The applicant has provided 15 spaces, along with the 16 spaces at the pumps. This number is consistent with the intent of the ordinance. 7. 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 applicant, and are necessary to alleviate demonstrable hardship. The factors listed above do not allow for an alternative reasonable location for the closet addition to be permitted without the variances. 8. The contents of Planning Case 98-116 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 variance, as shown in attached Exhibit A for proposed car wash addition; 1. A variance to permit 19 parking spaces rather than the required 24 parking spaces for a the Holiday motor fuel station and retail store combination. Adopted by the Board of Adjustment on September 28, 1998. aA TEST: Anthony S amson, Chair A TEST:^^ nn � c ' - Donald R. Rye, P antg Director :\98files198var\98-116\re9827pc.doc 2