HomeMy WebLinkAbout95-10PC Lots 10, 11, 12, Block 35 Spring Lake Townsite VARRESOLUTION 951OPC
A RESOLUTION GRANTING A VARIANCES FROM THE MINIMUM FRONT
YARD SETBACK REQUIREMENTS TO PERMIT A SETBACK OF 25.4 FEET
FROM THE CENTERLINE OF SPRING LAKE ROAD AND A SETBACK OF 16.5
FEET FROM LIME STREET FOR CONSTRUCTION OF A DECK ADDITION TO
AN EXISTING RESIDENCE IN THE R-l SUBURBAN RESIDENNAL DISTRICT
AiliD SD-SIiORELA}iD DISTRICT AT 2952 SPRING LAKE ROAD.
BE IT RESOLVED BY the Board of Adjustment of the city of Prior Lake. Minnesota;
1.
FINDINGS
Gerald and Kris Ziskovsky have applied for variances from Section 4'2 of the
Zoning ordinance in order to permit construction of a deck addition to an existing
residence on property located in the Rl -suburban Residential and SD-Shoreland
districts at the following location. to witl
That part of Lots 10, I I and 12, Block 35, SPRING LAKE TOWNSITE, Scott County'
Minnesota, according to the recorded plat thereof described as follows:
Beginning at the most southerly comer of said Lot 12; thence northeasterly along the
southeast-rly line of said Lot 12, a distance of 71.00 feet; thence northeasrerly parallel
withthesouthwesterlylineofsaidBlock35,tothenorthwesterlylineofsaidLotl0;
thence southwesterly to the most westerly comer of said Lot l0; tllence southeasterly
along said southwesterly Iin€ ofBlock 35' to the point ofbeginning
The Bcarc of Adjustne;rt has reviewed the Application for Variance as contained
in Case #VA9517, and held a hearing thereon on May 22' 1'995'
The Board of Adjustment has considered the effect of the proposed variances
upon the health, saf'ety. and welfare of the community, the existing and
anticipated traffic conditions, light and air, danger offire, risk to the public
safety, the effect on property values in the surrounding area and the effect of the
proposed variances on the Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property' it
is possible to use the subject propertv in such a way that the proposed variances
will not result in the impairment of an adequate supply of light and air to
adjacent properties, unreasonably increase congestion in the public streets'
J.
4.
RESOLUTION 95- IOPC
16200 Eagle Creek Ave.. Prior [-ake, Minnesota 553721714 /
1
Ph (612) 447 4230 / Fax(6I2) 447 4245
C\ IQLA OPPORILN'I\ E\4PI OYLR
5.
6.
7.
increase the danger of fire, and danger to the public safety, unreasonably
diminish or impair health, safety, comfort, morals or in any other respect be
contrary to the Zoning Ordinance and Comprehensive Plan.
The special conditions applying to the subject property are unique to such
property, and do not generally apply to other land in the district in wliich such
land is located. Among the conditions applying to the subject propelty which the
Board of Adjustment relied upon are 1) its substandard size and width, 2) that it
was platted prior to its annexation into the City of Prior Lake and 3) the limitation
on usable area on this comer lot imposed by the required setback from Spring
Lake Road.
The granting ofthe variances is necessary for the preservation and enioyrnent ofa
subsiantial property right ofth; appiicani. The variances w'ill not serve merely as
a convenience to the applicant, but is necessary to alleviate demonstrable
hardship.
'Ihe contents ofPlanning Case VA95-17 are hereby entered into and made apart
ofthe public record and the record of decision for this case. Pursuant to Section
5 -6-8 of the Ordinance Code these variances will be deemed to be abandoned,
ald thus will be null and void one (1) year from the date of approval ifthe holder
ofthe variance has f'ailed to obtain any necessary, required or appropriate permits
for the completion of contemplated improvement.
CONCLUSION
Based upon the Findings set forth above, the Board of Adj ustment hereby grants and
approves the following variances:
1. A variance to permit a setback of 59.6 feet from Spring Lake Road instead ofthe
required 85 feet, and a setback of26.5 feet from Lime Street instead ofthe
required 25 feet for the construction ofa deck.
Adopted by the Board of Adjustment on May 22' 1995.
Thomas Vonhof, Chair
RESOLUTION 95-IOPC
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