HomeMy WebLinkAbout06-18PC 3941 Marshall Rd VAR Doc. No. A 782414
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
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Certified Filed and/or Recorded on
09-06-2007 at 02:30 Receipt:656760 � A�
Pat Boeckman, County Recorder of q( ff dA �
Fee: $ 46.00 ��
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 06-18PC
A RESOLUTION APPROVING A 0.7 FOOT VARIANCE FROM THE 20 FOOT
MINIMUM SIDE YARD SETBACK IN THE AGRICULTURAL ZONING
DISTRICT
Connie Carlson
City of Prior Lake
Dated this 2_14,1a4y,of December, 2006
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06-187 eig;Yaiusso & Britz Variance
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RESOLUTION 06-18PC
A RESOLUTION APPROVING A 0.7 FOOT VARIANCE FROM THE 20 FOOT
MINIMUM SIDE YARD SETBACK IN THE AGRICULTURAL ZONING DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. William and Sharon Ries is requesting a variance from the zoning ordinance for the
realignment of property lines on property zoned A (Agricultural) at the following
location, to wit;
3941 Marschall Road, Shakopee, MN,
The North 200 feet of the South 600 feet of Government Lot 2, Section 32,
Township 115, Range 22; and the North 50 feet of the South 650 feet of
Government Lot 2, in Section 32, Township 115 North, Range 22 West,
Scott County, Minnesota.
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.
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 properly 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.
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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 0.7 foot variance from the 20 foot minimum side yard setback in the
Agricultural Zoning District (Section 1102.205).
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 GO 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 Decemb r 11, 26,�j
Vaughn L ke, Com ission 6air
ATTEST:
an Kansier, Planning Director
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