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HomeMy WebLinkAboutRes. 26-02PC - 17031 Sunset Ave NW PID254880030 - VAR - A1227709 Re`eiFd-#775460 A1227709 VAR $46.00 11I Rceim III I II I I� 11IN GPRIOR LAKE MY .1616 17A KOTA ST SE IIIIIrrI PRIOR I.AKr WN 5t2T2 C�dRed Filed a�odfor recorded we 8[7/2026 11:55 AM Ofrl at the County Recorder Scott County,Milneaofs JUW K Hanson,County Recorcbr (This cover sheet is now a permanent part of the recorded document) Su �28oa3 � 1 O� FRIO� INV \ u 1 1 4646 Dakota Street SE Prior Lake.NIN 55372 �N RESOLUTION 26-02PC VARIANCE FROM THE IMPERVIOUS SURFACE MAXIMUM TO ALLOW FOR A NEW HOME ON A PROPERTY IN THE R-1 SD (LOW DENSITY RESIDENTIAL SHORELAND)ZONING DISTRICT Motion By: Rook Second By: Yurko WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a public hearing on May 18, 2026, to consider a request from Ryan Bigot, the applicant, on behalf of property owners Joe Neisen and Becky Neisen, requesting a variance from maximum impervious surface to allow construction of a new home on a property located in the R-1 SD (Low Density Residential Shoreland) Zoning District at the following property, legally described as: Lot Six(6), Sunrise View, according to the plat thereof on file and of record in the Office of the County Recorder, Scott County, Minnesota. Address: 17031 Sunset Ave NW, Prior Lake, MN 55379 (PID 254880030) WHEREAS, Notice of the public hearing on said variance request was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Board of Adjustment proceeded to hear all persons interested in this variance 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 for the variances as contained in Case#DEV26-000012 and held a hearing thereon on May 18, 2026; and WHEREAS, The Board of Adjustment voted 5-0 to table the variance request until further reductions could be made to the impervious surface and the request was reconsidered on July 6, 2026; 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 the 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 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 variance is in harmony with the general purposes of the Zoning Code. The purpose of the Zoning Code is to "Promote the most appropriate and orderly development of the residential, business, industrial, public land, and public areas". 1 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 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 Area: The lot is only 50 feet wide 7,364 square feet in area, both of which are below the minimum standards for the Shoreland Overlay District of 90 feet in width and 15,000 square feet in area. This narrow lot width creates an unusually constrained buildable area, especially when factoring in required setbacks. Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct a new home on a lot containing an existing small lakeside home built in 1950, a common residential improvement that has been made on many nearby lots. Reduction of Driveway Width to 18 ft.: The applicant is proposing removing impervious surface related to the width of the driveway as it currently exists. Currently the driveway is approximately 24 ft. wide but is built parallel to the northern property's driveway for a width slightly exceeding 24 ft. at the right-of-way. Their proposal will make the driveway width conforming at the right-of-way (18 ft.) and side property line by providing a setback exceeding 5 ft.from the property line. Increase of Side Yard Setbacks:The applicant is proposing to increase side yard setbacks on both sides from 5 ft. 4.5 in. and 8 ft. 11 in. into compliance for a nonconforming lot for a total of 15 ft. or greater. Not Self-Created: The unique constraints of the property, including the lot size and width were not created by the applicant and predate their ownership. These factors result from historic platting and development patterns that do not align with current zoning standards. No Alteration to Neighborhood Character: The proposed structure is 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 request. 2 3. Based upon the findings set forth herein,the Board of Adjustment hereby approves the following variance to allow the construction of a new home per the proposed survey in the R-1 SD (Low Density Residential Shoreland) Zoning District: a. A variance for impervious surface from 30% to 31.86%. (Subsection 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 driveway will be managed on their property. b. The variance resolution shall be recorded at Scott County. c. Building Permit shall be obtained from the Building Department prior to the commencement of construction. d. Any sidewalk or walkway shall be three feet or less in width with three feet of pervious coverage on both sides. e. The existing driveway shall be revised to be a maximum width of 18 feet within the entire boulevard area;.the existing driveway shall be removed between the north property line and the proposed 18-foot driveway to provide a clear separation between the two parcels and eliminate the ability for parking within the boulevard outside the 18-foot driveway area. f. An as-built survey shall be required following construction to ensure conformance with the approved variance. PASSED AND ADOPTED THIS 61h DAY OF JULY 2026. Commissioners Aye Nay Absent Abstain Fleming ;$ ❑ ❑ ❑ Fenstermacher ❑ ❑ ❑ Bryan ' g,Commission Chair Tennison ❑ ❑ igj ❑ Yurko )d ❑ ❑ ❑ Rook ❑ ❑ ❑ ATTEST: Schmokel ❑ ❑ ❑ Casey McCa ,bV6mmunity Development Director Nicholson ❑ ❑ )a ❑ 3 - .