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Home My WebLink About98-33PC 14840 Oakland Beach Ave VAR Doc. No. T 99321 File 4547 Vol. 84 Page 64 Ced.28061 OFFICE OF THE REGISTRAR OF TITLES SCOTT COUNTY, MNJESOTA Ceffiied Filed on 11-13-1998 at 11:40 Dq AM [ ]PM Pat Boeclunan, Registrar of TFUM 01 by _, Deputy Fee: $20.00 File No. 98-143 Thomas Mansk �LVC6Lw oule'-, 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 98-33PC Variance to Front Yard Setback and OHW Setback on file in the office of the City Planner, City of Prior Lake. Bret Woodson Assistant City Manager and Acting Deputy City Clerk Dated this 9th day of November, 1998. - PCi�jc,�eai} f 1' A. TRUECOPYDOC PAGE I - 04 PRjO LL )z� ry U .•a' �7 �l'r NES0C RESOLUTION 98-33PC A RESOLUTION APPROVING A 2.1 FOOT VARIANCE TO PERMIT A 22.9 FOOT FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT FRONT YARD SETBACK AND A 9 FOOT VARIANCE TO PERMIT A 41 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK(OHW) RATHER THAN THE REQUIRED 50 FOOT SETBACK FROM THE OHW OF PRIOR LAKE BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota; FINDINGS 1. Thomas Mansk has applied for variances from the Zoning Ordinance in order to permit the construction of a residential addition to an existing structure on property Iocated in the R-1 (Urban Residential)District and SD (Shoreland Overlay)District at the following location, to wit; 14840 Oakland Beach Avenue, legally described as Tract A, Registered Land Survey No. 97, Scott County,Minnesota. 2. The Board of Adjustment has reviewed the application for variances as contained in Case #98-143 and held hearings thereon on October 26, 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 existing house is located 22.9 feet from the front property line and 36 feet from the OHW of Prior Lake. This proposed addition will not encroach any closer to the property lines than what is existing. 1:198filesV 8var198-143\re9833pc.doc 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax(612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. In 1996, the applicant was granted a variance to the OHW setback for residential addition and detached garage. Upon approval of the variance, the Planning Commission suggested a re-design of the site. The applicant took the advice of the Planning Commission and has now re-designed the site. 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 98-143 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: 1. A 2.1 foot variance to permit a 22.9 foot front yard setback instead of the required 25 foot front yard setback for proposed residential addition; and 2. A 9 foot variance to permit a 41 foot setback from the OHW of Prior Lake instead of the required 50 foot setback; subject to the following conditions: 1. The improvements shall be constructed in accordance with the survey submitted by the applicant, and attached hereto as Exhibit A. 2. The 10 foot by 8 foot room located 0.7 feet from the west property line must be removed. 3. The existing gravel driveway must be restored to lawn with seed or sod. 4. The existing shed must be removed or compliant with the Zoning Ordinance. These conditions are to be incorporated into the building permit for the proposed improvements. Adopted by the Board of Adjustment on October 26, I998. Anthony Stamson, Chair TTEST: Donald R. Rye,PI 'ng ector 1A98tiles\98vaz\98-143VO833 pc.doc 2 1 Volley Surveying Co., P. AEXHIBIT A -� SUITE 120-C -, 16670 FRANKLIN TRAIL AVE . FRANKLIN TRAIL OFFICE CONOOMINIUM OCT 1 31998 2 PRIOR LAKE , MINNESOTA •55372 TELEPHONE (612) 447- 2570 922.13 T.C. EL. soot 922.30 e� +roir y FMce 0.9' / 922.9 40 WDst 1 d I '00 S h sso L ,,� �,. �• , sue. 4 . 0 922.59 t h. , �`kce 'b F F Ito 9z2 ROB. 4J C Clry� es = r..C.EL. 922.87 � � 9 �• �!„ c pq � 924.3 O*C't 21 a0�jpSt.O ` ` I Z ; 9r3.0 O~ '.0.0` ,3 sHeO r -►.- 1: A. r� Sam Y a House Jpa sy0 c " AD 9/c 8 • Pom h , .O r PR r -S ego°Deo. 6 R` 9p2 9 s�ry L�� cfy S :stered Land Survey No. 97, Scott County, Minnesota. Also showing all vements and encroachments onto and off from said property if any. 925.17 top nut of hyd. near the NW corner of property. existing grade elevations.