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HomeMy Public PortalAbout2013-53 Resolution Approving Variances for Randy Cole & Sandy Fenske at 2959 Lakeshore AveMember Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2013-53 RESOLUTION APPROVING VARIANCES FOR RANDY COLE & SANDRA FENSKE TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY HOUSE AT 2959 LAKESHORE AVENUE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Randy Cole and Sandra Fenske (the "Applicants") own a single family house within the City located at 2959 Lakeshore Avenue (the "Property") which is legally described on Exhibit A, attached hereto; and WHEREAS, the Applicants have requested a variance to construct an addition to the existing single family house upon the Property; and WHEREAS, the Property is located within the UR, Urban Residential Zoning District and the Shoreland Overlay District for Lake Independence, which is a Recreational Development lake; and WHEREAS, the Applicants have requested a variance from the 75 foot setback requirement from the Ordinary High Water (OHW) level of Lake Independence as required by City code Section 827.06 (a); and WHEREAS, the Applicants have requested to remove an existing porch and deck which is setback 44.5 feet from the OHW and replace with a full three level addition with an additional deck that is proposed to be 45 feet from the OHW; and WHEREAS, the Planning Commission held a duly noticed public meeting to discuss the application on May 14, 2013 and following such discussion recommended approval of the request, subject to certain terms and conditions; and WHEREAS, the City Council held a public hearing on the application at the June 4, 2013 and June 18, 2013 meetings and took additional testimony; and WHEREAS, based on the written and oral record before the Planning Commission and City Council on the above dates as well as all additional written testimony submitted to the City, the City Council makes the following findings of fact in regards to the application: 1. The proposed variance is consistent with the Comprehensive Plan, subject to the limitations on hardcover and the requirement that stormwater improvements be constructed. Resolution No. 2013-53 July 2, 2013 2. The proposed variance is in harmony with the general purposes and intent of the Zoning Ordinance, subject to limitations on hardcover and the requirement that stormwater improvements be constructed. 3. The Applicants have established that there are practical difficulties in complying with the requirements of the Zoning Ordinance. 4. The proposed encroachment into the lake setback is similar in nature to a variance granted to the Property in 1999 and other properties within the vicinity and will not alter the essential character of the neighborhood. 5. The Applicants propose to use the Property in a reasonable manner. The proposed variance is the minimum necessary to alleviate the practical difficulty. 6. The proposed variance does not confer special privileges which are not afforded to owners of other lands, structures, or buildings in the same district, as evidenced by the comparable size and location of other homes in the neighborhood and the variances granted to other owners in the area. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota approves a variance from the 75 foot required setback from the OHW level of Lake Independence to allow construction of an addition 45 from the OHW of Lake Independence, subject to the following terms and conditions: 1. Construction of the addition and new deck shall be completed as shown on the plans received by the City on April 12, 2013 and the survey dated April 24, 2013, except as modified in this resolution or as otherwise directed by the City. 2. A storm water management improvement approved by the City Engineer shall be constructed. 3. The Applicants shall remove plastic landscaping material and either re -vegetate these areas or replace with pervious landscaping fabric. 3. In addition to removing plastic landscaping material, the Applicants shall reduce impervious surface coverage on the Property by a minimum of 102 square feet from the amount proposed on the April 24, 2013 survey. This reduction may be achieved by replacing concrete or bituminous surfaces with pervious pavers, porous concrete, or similar surfaces approved by the City. 5. Although plans originally submitted by the Applicants proposed an increase in impervious surface coverage, the terms and conditions of this setback variance require impervious surfaces to be reduced. Any implied variance request related to impervious surface coverage in excess of that allowed in the Shoreland Overlay District shall be considered denied. 6. The Applicants shall begin work within one calendar year of adoption of this resolution, or the variance hereby granted shall be null and void. 7. The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the variance application and the preparation of documents. Resolution No. 2013-53 2 July 2, 2013 Dated: July 2, 2013. difitlf//: eth Weir, Mayor ATTEST: 11 cr/ T.Johnso ScottCity Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Martinson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Martin, Martinson, Pederson, Weir and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-53 3 July 2, 2013 EXHIBIT A Legal Description of the Property Lot 3, Block 27, "independence Beach, Hennepin County, Minnesota and that part of the tract designated as "Beach"on the plat of independence Search, Hennepin County. Minnesota, lying between the North and South fuzes of said Lot, extend'ulg westerly from the Wcat line of said Lot 3, to the shore of Luke independence" olso that part of the western 10.00 feet of Lake Shore Avenue vacated which lits between the easterly extensions of the North and South lines of the above described tract of land. Resolution No. 2013-53 4 July 2, 2013