HomeMy WebLinkAboutRes 07-05PC Xcel CUP and VAR Doc. No. A 785944
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
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10-22-2007 at 02.20 Receipt:665907
Pat Boeckman, County Recorder 01
STATE OF MINNESOTA) Fee: $ 46.00
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COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary for the City of Prior Lake,hereby
certifies the attached hereto is the original true and correct copy of
RESOLUTION 07-05PC
A RESOLUTION APPROVING A 7.5 foot HEIGHT variance from the
MAXIMUM ALLOWED HEIGHT OF 67.5 FEET TO ALLOW FOR LIGHTENING
RODS ON A STRUCTURE within the I-1 zoning district
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Connie Carlson
City of Prior Lake
Dated this 5th Day of October, 2007
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noel CUP 8i'�AR07-133 & 137
0,�`�' Please return document to:
City of Prior Lake
Attn: Connie Carlson
4646 Dakota Street SE
Prior Lake,MN 55372
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4646 Dakota Street S.E.
u7C Prior Lake. MN 55372-1714
RESOLUTION 07-05PC
A RESOLUTION APPROVING A 7.5 FOOT HEIGHT VARIANCE FROM THE
MAXIMUM ALLOWED HEIGHT OF 67.5 FEET TO ALLOW FOR LIGHTENING RODS
ON A STRUCTURE WITHIN THE 1-1 ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Xcel Energy, is requesting a height variance from the zoning ordinance for the
construction lightening rods on a substation structure in the 1-1 Zoning District at the
following location, to wit;
The East 250 feet of the following described property:
That part of the East 3/4 of the SE '/4 of Section 1, Township 114, Range 22, Described
as follows: Commencing at the SE corner of said section 1; thence on an assumed
bearing of N 01°21'00" W along the line between the SE corner and the NE corner of
said section 1, a distance of 1251.72 feet; thence at right angles S 88039' W, a distance
of 1875.73 feet; thence S 86°11'30" W, a distance of 84.66 feet to the east line of the
west 30.0 feet of the East 3/4 of the SE '/4 of said Section 1; thence N 86'11'30" E, a
distance of 514.66 feet; thence bearing south a distance of 704.31 feet to the centerline
of County State Aid Highway #12; thence S 63°37'56" E along the centerline of said
Highway #12 a distance of 73.66 feet to the ACTUAL POINT OF BEGINNING of the
property to be described; thence bearing North a distance of 412.0 feet; thence bearing
East a distance of 944.0 ft; thence bearing South a distance of 870 ft, more or less, to
the centerline eof County State Aid Highway #12; thence NW'ly along the centerline of
said Highway #12 a distance of 1053, more or less to the point of beginning. Subject to
County State Aid Highway #12 over the SW'ly 33 feet thereof. Said East 250 shall be
measured along the North line of the aforedescribed property. Except, The North 380
feet.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #07-137 and held a hearing thereon on September 24, 2007.
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 variance on
the Comprehensive Plan.
4. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to meet public utility needs.
1A07 files107 cup'slexcel-credit river substationlvariance resolution.doc 1
uuuy.cityofpnorlake corn
Phone 952.447.9800 / Fax 952.14 7.4245
5. Staff does not believe that development or construction costs or an economic
hardship are the basis of this request, but rather for safety.
6. The granting of the variance will not impact the character and development of the
area. The industrial site will benefit from increased landscaping as a part of the
project, as well as safety.
7. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing site is
necessary to meet the needs of the utility company, and thus the City at large.
CONCLUSION
Based upon the Findings set forth above-, the Board of Adjustment hereby approves the
following variance to allow for the construction of two lightening rods on a substation
structure:
A 7.5 foot height variance from the maximum allowed height to allow two (2) - 75
foot high lightening rods.
The following conditions shall be met:
1. A building permit will be required prior to construction.
2. The building permit is subject to all other applicable city, county, and state agency
regulations.
3. This resolution must be recorded at Scott County within 60 days of adoption. Proof
of recording, along with the acknowledged City Assent Form, shall be submitted to
the Planning Department prior to the issuance of a building permit.
Adopted by the Board of Adjustment on this 24'h day of Septembers 200 .
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Vaughn emke, tommission Chair
ATTEST:
u ne Kansier, Planning Director
IA07 files%07 cup'slexcel -credit river substationWariance resolution.doc 2