HomeMy WebLinkAbout06-20PC 259320021 VAR Doc. No. A 782412
OFFICE OF THE COUNTY RECORDER
��. SCOTT COUNTY, MINNESOTA
-�� Certified Fled and/or Recorded on
09-06-2007 at 02:30 Receipt:656760
Pat Boeckman, County Recorder 01 ,E H/Q,tSG
Fee- $ 46.00 G7
STATE OF MINNESOTA)
)SS.
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 06.20PC
A RESOLUTION APPROVING A 7.67 ACRE VARIANCE FROM THE MINIMUM
10 ACRE LOT AREA IN THE AGRICULTURAL ZONING DISTRICT
ck;
Connie Carlson
City of Prior Lake
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Dated this 21 st Day of December,2006
(City Seal)
f 06-197, Reis, Yarusso &Britz Variance
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OF F IZIO�
16200 Eagle Creek Avenue S.E.
U Prior Lake, MN 55372-1714
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RESOLUTION 06-20PC
A RESOLUTION APPROVING A 7.67 ACRE VARIANCE FROM THE MINIMUM 10
ACRE LOT AREA IN THE AGRICULTURAL ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Robert and Paula Britz are requesting variances from the zoning ordinance for the
realignment of property lines on property zoned A (Agricultural) at the following
location, to wit;
3877 Marschall Road, Shakopee, MN, 55379
The North 646.70 feet of the South 1496.70 feet of Government Lot 2 in
Section 32, Township 115 North, Range 22 West, except that part described
as follows: Parts of Government Lots 2 and 3 in Section 32, Township 115
North, Range 22 West, described as follows: Beginning at a point on the
West line of said Government Lot 2, which point bears due North 1,496.70
feet from the Southwest of said Government Lot 2; thence along the West
line of said Government Lot 2 due North 888.60 feet to the center of the
public road; thence along said road centerline the following courses and
distances: South 70 degrees 49 minutes East 1,108.60 feet; South 66
degrees 38 minutes East 201.75 feet; South 61 degrees 53 minutes East
238.78 feet; South 53 degrees 05 minutes East 127.60 feet; South 44
degrees 04 minutes East 156.78 feet to the East property line, the
termination of road centerline courses and distances; thence along said
property line South 0 degrees 31 minutes West 418.0 feet to lakeshore
base line of Howard Lake; thence along said lakeshore base line the
following course and distance: South 56 degrees 38 minutes West 282.35
feet; North 81 degrees 52 minutes West 148.10 feet; North 48 degrees 53
minutes West 139.60 feet; North 70 degrees 32 minutes West 740.0 feet;
thence North 61 degrees 01 minutes West 143.60 feet; thence due West
337.67 feet to the point of beginning, said exception containing 29.77 acres,
more or less_ ;)-s q 3 a_ On a-.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #06-187 and held a hearing thereon on December 11, 2006.
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.
L\06 files106 variancesVeis,yarusso 8 britzlbritz variance-06-20pc.doc 1
www.cityof priorlake.corn
Phone 952.447.4230 / Fax 952 447.4245
4. In order to reposition the lot lines to the original interpretation variances from the
side yard setback variance, lot minimum width variance, and lot area variance area
required. Due to no fault of the property owner, the realignment of the property lines
to the original believed locations will require these variances due to the existing size
of the lots.
5. In this unique situation, the misinterpretation of the property lines have resulted in
the owner's constructing a pole barn on a current neighboring legal property. The
granting of the variances in this case will alleviate the hardship of past survey errors
resulting in the misplacement of structures.
6. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. All three property owners are in agreement to
realign the properties so that no further confusion and/or future issues with current
structures on adjacent lots will arise.
7. The granting of the variances will not impact the character and development of the
area, The area is zoned Agricultural land and the three properties will remain
approximately similar to the existing sizes.
8. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks, lot widths, and
minimum lot areas. In this case the granting of the variances will place all current
structures on the appropriate lots and create the best possible setbacks for these
current structures. Therefore, staff believes that the proposed variances will not be
contrary to the intent of the Ordinance and Comprehensive Plan.
9. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship from the placement of current
structures on the lot many years ago through no fault of the property owner.
10. The hardship results from the minimum side yard setback imposed on the current
pole barn structures. Through no fault of the property owner the lots were surveyed
incorrectly and as a result structures were placed incorrectly on the lots.
11. The contents of Planning Case #06-187 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 to allow for the realignment of property lines:
1. A 7.67 acre variance from the minimum required 10 acre lot area in the
Agricultural Zoning District (Section 1102,205).
IA06 filesM varianceslreis, yarusso&britz\bhfz variance-06-20pc.doc 2
The following conditions shall be complied with prior to the issuance of a building permit
for the construction of a detached accessory structure on the subject site:
1. The 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 December 11, 2006.
/�/'nvt C"/
Vaughn Lerrke, Commission Chair
ATTEST:
i1a Kansier, Planning Director
IA06 files106 varianceslreis,yarusso & britzlbritz variance-06-20pc.doc 3