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HomeMy WebLinkAboutResolution 25-08PC - 6412 Conroy St NE - VAR - A1220155R.c.ipt:*7677o7 A1220155 VAR t/l6.m G.PRtoR LAKE CTTY 44|6 oAKOiA ST SE PRbR !A(E MN 5572 rffitililill Cslitr.lrl FlLd ..dro. @n .rd * U4l2O26 9:38 AM Officr ot lh.Coun|t| R.cor&r Scotl Cq.ftty, hn sot Julb K Ha,}ea, Cafiy R€e.br (This cover sheet is now a permanent part ofthe recorded document) . - pRr^cf-:"? L-t I IX .16J6 Dakora Streer SEQJ | !rn -". "::""':- Y-lJt Prior Lake. MN 55172 - /tr,vryeso{F RESOLUTION 25-08 PC VARIANCE FROM THE IMPERVIOUS SURFACE MAXIMUM AND MINIMUM OHWL SETBACK TO ALLOW FOR THE CONSTRUCTION OF A NEW HOME ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND} ZONING DISTRICT Motion By: Johnson Second By: Fenstermacher WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on September 8, 2025, to consider a request from Coppercreek Real Estate Group, Inc. requesting a variance of 4o/o from the maximum impervious surfacing coverage requirements and a 21.58' variance from the minimum OHWL setback to allow for the construction of a new single-family detached home on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property, legally described as: Lot Forty-Seven (47), Conroy's Bay and that part of Lot Forty-Eight (48), Conroy's Bay, Scott County, Minnesota, lying Westerly of the following described line. Beginning at a point on the Northerly line of said Lot Forty-Eight (48), distant 25.00 feet Northeasterly of the Northwest corner of said Lot Forty-Eight (48); thence Southeasterly to a point on the Southerly line of said Lot Forty-Eight (48), distant 20.00 feet Northeasterly of the Southwest corner and there terminating, according to the plat thereof now on file and of record in the Office of the County Recorder in and for said Scott County, State of Minnesota. (PlD 251 '140100) Address: 6412 Conroy St NE, Prior Lake, MN 55372; and WHEREAS, Notice of the public hearing on said variance requests was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Board of Adjustment proceeded to hear all persons interested in these variance requests, and persons interested were afforded the opportunity to present their views and objections related to the variance requests; and WHEREAS, The Board of Adjustment has reviewed the application for the variances as contained in Case #DEV25-000015 and held a hearing thereon on September 8, 2025, and WHEREAS, 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 variances on the Comprehensive Plan. NOWTHEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated 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 variances is in harmony with the general purposes of the Zoning Code. The purpose of the Zoning Code is lo " Promote the most appropriate and orderly development ofthe residential busrness, industrial, public land, and public areas". b. Variances shall only be permifted when they are consistent with the Comprehensive Plan. The granting of the variances 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 Code. "Practical difficulties," as used in connection with the granting of a variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code, 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. Substandard Lot Width and Areal The lot is 84.92 feet wide 6,950 square feet in area, both of which are below the minimum standards for the Shoreland Overlay District. This narrow lot width creates an unusually constrained buildable area, especially when factoring in required setbacks and existing building footprint. Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct a single-family detached dwelling, a common residential redevelopment project along the City's Lake shores. Increase to OHWL Setback: Although the requested OHWL setback does not meet the minimum requirement of 50 feet, the proposed plan would increase the current OHWL setback from 27.9 feet to 28.42 feet, moving the property slightly closer to compliance. Reduction in Existing lmpervious Surface: Although the requested impervious surface exceeds the 30% maximum, the proposed plan would reduce the current impervious surface coverage from 4oo/o to 34o/o, moving the property closer to compliance. Reduction of Driveway Width to 24 lt:, The applicant is proposing the construction of a new slightly narrower driveway. Their proposal will make the driveway width conforming at the front property line. Not Self-Created: The unique constraints of the property, including the lot size and width, and location of the existing home were not created by the applicant and predate their ownership. These factors result from historic platting and development patterns thai do not align with current zoning standards. No Alteration to Neighborhood Character: The proposed structure ls consistent with the residential character and scale of surrounding properties, and it would not alter the essential character of the locality. d. Economic considerations alone do not constitute practical difficulties, Economic considerations alone are not the reason for the variance reouest. Based upon the findings set forth herein, the Board of Adjustment hereby approves the following variances to allow the construction of a new single-family detached home per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A variance to allow a 28.42' setback from the OHWL; currently 27.9'. (subsecaion 10-435(7) b.) b. A vaiance to allow 34% impervious surface; cunently 40/o. (subsectbn 10-435(5)) 4. The variances are subject to the following conditions of approval: a. The applicant shall provide a grading plan confirming all stormwater drainage from the development will be managed on their property. b. The variance resolution shall be recorded at Scott County. c. A building permit shall be obtained from the Building Department priorto the commencement of construction. d. A Landscaping Plan shall be submitted prior to issuance of demolition permit. PASSED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 2025. VOTE Ringstad Johnson Fenstermacher Tennison Yu*o Aye a Nay tr Absent tr Abstain tr B tr tr tr EIEry tr tr tr trtr trD D tr ATTEST: Casey McC4b{Community Development Director