HomeMy WebLinkAbout08-13PC 4520 Tower St SW VARDoc. No. A 810064
OFFICE OFTHE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
1 0-1 0-2008 at 1 1 .45 Receipt: 735475
Pat Boecknnn, CountY Recor<ler ot
Fee: $ 46.00
STATE OF MINNESOTA)
COUNTY OF SCOTT
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)
The undersigned, duly qualified and community Development and Natural Resource
Secretary for the city ofPrior Lake, hereby certifies the attached hereto is the original
true and correct copy of
RESOLUTION 08-13PC
A RESOLUTION APPROVING AVARIANCE FROM THE 60 FOOT SIDE YARD
SETBACK ABUTTING A "R" USE DISTRICT
4--
Connie Carlson
City of Prior Lake
08-135
Rubenzer Variance
4520 Tower Street SW
25-269-003-0 Please retum document to:
City of Prior Lake
\r.lttn: Connie Carlson
\./' 4646 D^kotr Street SE
Prior Lake, MN 55372
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4646 Dakota Street S,E.
Prior Lake, MN 55372-1714
A RESOLUTION
RESOLUTTON 08-13PC
APPROVING A VARIANCE FROM THE 60 FOOT SIDE YARD
SETBACKABUTTING A "R'' USE DISTRICT
BE lT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Justin Rubenzer is requesting a variance from the 60 foot side yard setback abutting
a 'R" Use District on a commercial property zoned C-4 (General Business) at the
following location, to wit;
4520 Tower Street SW, Prior Lake, MN 55372
I-ot l, Block 2, Enivid First Addition, according to the recorded plat thereof. (PID 25-269-003-0)
And
That part of Outlot A, in said Enivid First Addition, lyrng southerly and easterly of the following
described line:
Beginning at the southwest corner ofsaid Outlot A (the south line of said Outlot A has an assumed
bearing of South 89 degrees 53 minutes 43 secouds West); thence North 7l degrees 23 minutes 09
seconds East a distance of 316.!2 feet; thence North 01 degrees 30 minutes 45 seconds East a
distance of258.70 feet to the northerly line ofsaid Outlot A and said line ther'e terminating.
(PrD 25-269-004-1)
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #08-135 and held a hearing thereon on September 8, 2008.
3. The Board of Adjustment continued the September 8, 2008 public hearing to
September 22, 2008.
4.The Board of Adjustment has considered the effect of the proposed variance 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 effecl on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
The hardship has been created by the former location of a school on the adjacent
property and remaining R-1 zoning classification.
Staff does not believe that increased development or mnstruction costs or economic
hardship are the basis of this request.
Granting the variance will not merely serye as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the unique circumstance of
the adiacent school district office location.
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Phone 952.447 .9800 / Fax 952.447 .4245
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 sunounding them." This
purpose is implemented through required minimum setbacks. The proposed
variance will allow the car wash to meet the standard setback for a C-4 zoned side
yard.
9. The granting of the variances will not impact the character and development of the
focal neighborhood. The other properties along the block of Tower Street are C4
zoned commercial lots.
'l0. Granting of the variance will not impair an adequate supply of light and air to
adjacent property or negatively impact public safety.
1 1 . The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the C-4 zoned commercial property. The nonconformity was
created as a result of the location of a former school which has since relocated.
'12. 'fhe need for the minimum 60 foot side yard setback is unique to this lot due to the
former location of the Ponds Edge School. The applicant has proposed a structure
which will meet the standard 20 foot required minimum setback for the C-4 district.
13. The exceptional condition of the former school location has created the hardship for
the commercial car wash to be located an increased distance from the school district
oftice lot.
14. The contents of Planning Case #08-135 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 variance on a commercial property zoned C-4 (General Business):
. A 23 foot variance from the reguired 60 foot minimum setback abufting an "R"
Use Dislncl (Section 1 1 02. 1 300(1 1 )).
The variance is subject to the following conditions:
1 . 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
Community Oevelopment & Natural Resources Department prior to the issuanc€ of a
building permit.
2. The building permit is sub,iect to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment .
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btte Walthers, Community Development & Natural Resources Director
l:\08 files\O8 variancesVubenzer car wash\approval resolution.doc