HomeMy WebLinkAbout98-05PC 14180 Commerce Ave VAR DENIALRESOLUTION 98-O5PC
DEI{YING A 43.7 FOOT VARIANCE TO PERMIT A REAR YARI)
SETBACK ADJACENT TO PROPERTY ZONED RESIDENTIAL OF 16.3
FEET RATHERTIIAI\i THE REQUIRED 60 FEET FORTHE EXISTING
TRASH ENCLOSURE.
BE IT RESOLVED BY the Board of Adjusfinent of the city of Prior Lake, Minnesota;
FINDINGS
1. Burdick Properties has applied for variances from Section 5-4-1 E of the city code
on property iocated in the B-1 (Limited Business) District at the following location, to
wit;
14180 Commerce Avenue, legally described as Lot 4, Block 1, James lst
Addition, Scou County, MN.
2. The Board of A-djustment has reviewed the application for variances as contained in
case #97 -132 and heid a hearing thereon on Jadrl]uary 12, 1998 and lanuary 26, 7998.
The Board of Adjustrnents closed the hearings on January 26, 1998'
3. The Board of Adjustrnent discussed the variance request and determined additional
information was required. Specifically, the developer was to submit a revised
landscape plan and the location and height of the fence and berm were to be located in
the field. The Board of Adjustrnent continued discussion on the variances to
February 23, 1998 to obtain this information.
4. The Board of Adjustrnent reviewed the additional information on February 23, 1998.
5. The Board of A-djustrnent has considered the effect of the proposed trash encloswe
variance upon the health, safety, and welfare of the community, the existing anc
anticipatedtraflic conditions, light and air, danger of fire, risk to the public safety, the
effeci on property values in the surrounding area and the effect of the proposed
variance on the Comprehensive Plan.
6. The granting of the trash enclosure variance is not necessary for the preservalion and
enjoyment of a substantial property right of the applicant. The variances will serve
merely as a convenience to the applicants.
76200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (672) 447'4230 / Fax (672) 447'4245
AN EQUAL OPPORTUNTTV EYPLOYER
7. The Board of Adjusunent has stated there are altemative locatioris for the trash
enclosure on Burdick property that meet the setbacks.
8. The Board of A justuent concludes the developer is responsible for the knowledge_of
City OrdinanceJ and contends the developer has created their own hardship by
locating the trash enclosure in a location violating the City Ordinance'
9. The Board of Adjusbnent finds the spirit and intent of the requircd 60 foot setback
from adj acent residential property cannot be met if the variance is granted'
10. The Board of A-djustnent has concluded that the cost to relocate the trash enclosure is
not a hardship with respect to the property, because reasonable use can be made of the
property.
1 1 . The contents of Planning case 97 -132 are hereby entered into and made a part of the
public record and the record ofdecision for this case'
CONCLUSION
BasedupontheFindingssetforthabove,theBoardofAdjusfuentherebydenies.the
foifo*ini variances for-t4l8O Commerce Avenue, legally described as Lot 4, Block I'
James lat Additioru Scott County, MN, as shown in Exhibit D;
| . L 43 .7 foot variance to permit a rear yard setback adj acent to property zoneo
residential of 16.3 feet rather than the required 60 feet for existing trash
enclosure.
Adopted by the Board of Adjustnent on March 9, 1998'
entdny Sfamson, Chair
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EXHIBIT Detdict ptoperties
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