HomeMy WebLinkAboutRes. 26-03PC - 4646 Lords St NE - PID259350140 - VAR - A1227710 Rom #775460 -----A1227710
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RESOLUTION 26-03PC
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VARIANCE FROM THE MINIMUM LAKE SETBACK FOR A PROPERTY IN THE R-1 SD(LOW DENSITY RESIDENTIAL
SHORELAND)ZONING DISTRICT
Motion By: acheir Second By: T-61nian
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 Todd and Molly Phelps,property owners,to approve variances from the
minimum lake setback and front yard setback to construct a new single-family dwelling located in the R-1 SD
(Low Density Residential Shoreland)Zoning District at the following property:
4646 Lords Street NE,Prior Lake,MN 55372(PID 259350140)
Legally described as:
A tract of land in Government Lot 8, Section 35, Township 115 North, Range Twenty-two (22)West, Scott
County, Minnesota, described as follows: Commencing at a point that is 220.28 feet north and 328.53 feet
east of the northwest comer of Lot 1, in the plat of Maple Park Shore Acres, said point being on the center
line and east edge of a concrete
bridge; thence North 83 degrees 00 minutes east a distance of 129.0 feet; thence South 81 degrees 00
minutes East a distance of 112.4 feet; thence North 61 degrees 34 minutes East a distance of 113.0 feet;
thence North 54 degrees 57 minutes East a distance of 264.45 feet; thence North 73 degrees 17 minutes
East a distance of 450.0 feet;thence North 77 degrees 54 minutes East a distance of 290.0 feet;thence North
12 degrees 06 minutes West a distance of 25.0 feet to a curve whose tangent deflects 90 degrees to the right;
thence northeasterly along said curve an arc length of 68.3 feet,central angle of 18 degrees 30 minutes,to
the actual point of beginning;thence continuing along said curve an arc length of 42.49 feet,a radius of 211.6
feet and a central angle-of 11 degrees 30 minutes; thence South 72 degrees 06 minutes East along the
tangent of said curve, a distance of 46.7 feet; thence North 25 degrees 54 minutes East a distance of 93.0
feet more or less to the high water mark of Prior Lake;thence northwesterly along said high water mark to its
intersection with a line bearing North 11 degrees 06 minutes East from the actual point of beginning;thence
South 11 degrees 06 minutes west a distance of 155.0 feet more or less to the actual point of beginning;and
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#PDEV26-
000014 and held a hearing thereon,.on May 18,2026;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 PLANNING COMMISSION OF PRIOR LAKE,MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
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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 and Comprehensive Plan.The
purpose of the Zoning Ordinance is to "Promote the most appropriate and orderly development of the residential,
business, industrial,public land, and public areas". Furthermore,the Shoreland Ordinance (Section 10-906) policy's
intent is"in the best interests of the public health,safety,and welfare to provide for the wise development of shoreland
of public 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 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.
There are practical difficulties in complying with the strict adherence to the Ordinance, Meeting the minimum setback
requirements on a lot of this shape would result in a small buildable area.
The condition was not created by the applicant. The request to encroach 9.73 feet into the shoreland setback
represents a reasonable residential redevelopment of a constrained lakeshore lot while reducing existing
nonconfcrmities.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
3. Based upon the findings set forth herein, the Board of Adjustment hereby approves the following variances to allow the
construction of a single-family dwelling in the R-1 SD (Low Density Residential Shoreland)Zoning District:
a. A 9.73-foot variance from the required minimum 50-foot take setback on the northern side(Section 10.435(7)(b)).
4. The variances are subject to the following conditions of approval:
a. The variance resolution shall be recorded at Scott County.
b. A building permit shall be obtained from the Building Department prior to the commencement of construction.
c. An as-built survey shall be submitted to the Building Department prior to the issuance of a Certificate of Occupancy
to confirm the construction conforms to the plans and survey materials reviewed by the Planning Commission.
PASSED AND ADOPTED THIS IND DAY OF JUNE 2026,
Commissioners Aye Nay Absent Abstain
Flem'.ng V C-I ❑
Fenstermachereming, Commissi
El u ❑ jB on Chair
Tennison �� El El ❑
Yurko pq ❑ ❑ ❑
❑ I 1 ATTEST:
Rook _
Schmokel ❑ I I El De Casey McCab , ommunity Development Director
Nicholson ❑ ❑ I ]
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