HomeMy WebLinkAboutResolution 25-04PC - 14535 Pine Rd NE - VAR - A1220152rtilffit1iltr
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STATE OF MINNESOTA)
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COUNTYOF'SCOTT )
The undersigned, duly qualified and Planner for the City ofPrior Lake, hereby certifies the
attached hereto is the original true and correct copies of
RESOLUTION 25-O4PC
A RESOLUTION PROVIDING THE VARIANCE FROM THE FRONT YARD AND CORNER
SIDE YARD SETBACK, THE SHORELAND SETBACK, ADJACENT STRUCTURE SETBACK,
AND IMPERVIOUS SURFACE MAXIMUM TO ALLOWA SINGLE-FAMILY HOME ON A
PROPERTY IN THE R-1 SD (LOW DENSIW RESIDENTIAL SHORELAND) ZONING
DISTRICT AT 14535 PINE ROAD NE.
Dated this 14'" day of April 2025.
Mailed for filing September 12,2025.
14535 Pine Road NE, Prior Lake, MN 55372
ABSTRACT
PrD 250400060
Return to and drafted by:
City of Prior Lake
Community and Economic Development Department
4646 Dakotr Street SE
Prior Lake, MN 55372
Receiptt 767702
vAR 3.|6.m
446 DAKOTA SI SE
PR|oR LAKE MN 55372
41220152
Paul Moretto, City P
City of Prior Lake
RESOLUTION 25-O4PC
VARIANCE FROM THE FRONT YARD AND CORNER SIDE YARD SETBACK, THE SHORELAND
SETBACK, ADJACENT STRUCTURE SETBACK, AND IMPEVIOUS SURFACE MAXIMUM TO
ALLOWA STNGLE-FAMILY HOME ON A pROpERTy lN THE R-1 SD (LOW DENSITY
RESIDENTIAL SHORELAND) ZONING DISTRICT AT 14535 PINE ROAD NE.
Motion By: Johnson SecondBy: Fenstermacher
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted
a public hearing on April 14, 2025, to consider a request from Warran lsraelson of
KJ Walk Inc, the property owner and the applicant, requesting a variance from the
minimum shoreland setback, front yard setback, side yard setback, djstance to
adjacent structure, and lhe maximum impervious surface limits to allow construction
of a two-story, single-family, home on a property located in the R-1 SD (Low Density
Residential Shoreland) Zoning District at the following property:
(PtD 250400060)
Legal Description: Lot 6, Block 1 of North Shore Crest, Scott County, Minnesota.
Address: 14535 Pine Road NE, Prior Lake, MN 55372; and
WHEREAS, Notice of the public hearing on said variance request was duly published in
accordance with the applicable Prror Lake Ordinances; and
WHEREAS, The Board of Adjustment proceeded to hear all persons interested in this vanance
request, and persons interested were afforded the opportunity to present their views
and objections related to the variance request; and
WHEREAS, The Board of Adjustment has reviewed the application forthe variances as contained
in Case #DEV25-000005 and held a hearing thereon on April 14, 2024; and
WHEREAS, 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 effect on property
values in the surrounding area and the effect of the proposed variance on tne
Comprehensive Plan.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR
LAKE, MINNESOTA as follows:
1. The recitals set forth above are incoroorated herein.
2. The Board of Adjustment hereby adopts the following findings:
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Code.
The granting of the variance is in harmony with the general purposes of the ordinance anocomprehensive Plan. The purpose of the Zoning ordinance is ro " promote the most
appropriate and orderly development ofthe residential, busrness, industrial, pubtic land, and
public areas". Furthermore, the Shoreland Ordinance (Section 10-345) policy's intent is "in
the best interests of the public health, safety, and welfare to provide for the wise
develooment of shoreland of Dublic waters."
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The granting of the variance is consistent with the Comprehensive Plan and its goal to
maintain and improve physical character and identity. This is accomplished by achieving
compatible relationships between different types of land uses by utilizing design standards,
appropriate buffers, land use transitions, and high-quality design.
c. Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the Zoning Gode. "Practical difficulties,"
as used in connection with the granting of a variance, means the property owner
proposes to use the propeity in a reasonable manner not permitted by the Zoning
Gode, the plight of the landowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the essential
character of the locality.
There are practical difficulties in complying with the strict adherence to the Ordinance. This
is a unique lot with many challenging land features. The small lot width of approximately 53
feet with a corner side yard creates challenges for side yard setbacks and structure
adjacency. The topography of the lot requires unique considerations for the placement of
the structure and its arrangement. The impervious surface request is consistent with lots of
this size and represent an overall reduction in impervious surface to the existing condition.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations are not the reason for the variance request.
Based upon the findings set forth herein, the Board ofAdjustment hereby approves the following
variances to allow the construction of a new, single level walkout home with a finished attic per
the proposed elevations and survey incorporated in the April 14,2025 Board of Adjustment
agenda item 58 report in the R-1 SD (Low Density Residential Shoreland) Zoning District:
a. A 20.61-foot variance from the required minimum setback from the Ordinary High Water
Level (OHWL)- (Subsection 10-435)
b. A 7.59-foot variance from the required cornet side yard setback. (Subsection 10-604)
c. A 2.4-foot variance from the requircd front yard setback. (Subsection 10-604)
d. A 0.39-foot variance from the required distance to adiacent structure- (Subsection 10-345)
e. 7.03% variance from the required maximum imperuious surtace. (Subsection 10-435))
The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. The applicant shall submit a soil report from a licensed engineer prior to demolition of the
existing structure to ensure the stability of the soil and protection of adiacent structures.
c. A demolition permit shall be obtained from the City of Prior Lake prior to removing the
existing structure.
d. A building permit shall be obtained from the Building Department priorto the commencement
of construction.
e. The applicant shall have the property staked and setbacks confirmed by a surveyor licensed
in the State of Minnesota prior to pouring the foundation to confirm all approved setbacks
are comolied with.f. The applicant shall submit an as-built survey completed by a surveyor licensed in the State
of Minnesota following construction to confirm all setbacks and impervious surface coverage
approved by these variances are complied with.
PASSED AND ADOPTED THIS 14TH DAY OF APRIL 2025.
VOTE Tschetter Johnson Fenstermacher Tennison Rinostad
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Casey !*6Oabe,
Corqrl'unity Development Diroc{or