HomeMy Public PortalAbout2013-84 Resolution Granting Front Setback Variance to Est of Caroline Brede 2951 Lakeshore AveMember Anderson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2013-84
RESOLUTION GRANTING FRONT SETBACK VARIANCE
TO THE ESTATE OF CAROLINE BREDE FOR
AN EXISTING GARAGE AT 2921 LAKESHORE AVENUE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the Estate of Caroline Brede (the "Owner") owns property located at 2921
Lakeshore Ave. (the "Property"), which is legally described as:
Lot 1, Block 1, Brede Estates, Hennepin County, Minnesota; and
WHEREAS, on October 15, 2013, the City granted the Owner approval of a plat to
combine and subdivide the Property into two parcels; and
WHEREAS, the Owner proposed to dedicate additional right-of-way upon the plat for
Lakeshore Avenue, consistent with City standards; and
WHEREAS, an existing garage is located on the Property which currently meets front
setback requirements; and
WHEREAS, the dedication of this right-of-way would reduce the front setback below
the distance required by City code; and
WHEREAS, the Owner has requested the City to consider a variance to reduce the
required front yard setback from 30 feet to 23 feet; and
WHEREAS, the Planning Commission held a public meeting on October 8, 2013 and
recommended approval of the variance; and
WHEREAS, the City Council held a Public Hearing and reviewed the variance at the
October 15, 2013 meeting; and
WHEREAS, the City Council has, subject to the terms and conditions contained herein,
made the following findings of fact:
1. The requested variance is consistent with the Comprehensive Plan and is in
harmony with the general purposes and intent of the ordinance.
2. The Owner has established that there are practical difficulties in complying with
the zoning ordinance because:
Resolution No. 2013-84
October 15, 2013
a. The Owner proposes to continue to use the Property in a reasonable
manner, as a single-family home site with a detached garage.
b. The variance requested is the minimum which would alleviate the
practical difficulty and would not confer upon the Owner any special
privileges that are denied to other owners.
c. The fact that the City requires additional right-of-way for Lakeshore
Avenue and had previously vacated right-of-way in the same location
before construction of the existing garage is unique to the Property and not
created by the landowner.
d. Because the existing garage is set back a similar distance, and in many
cases further, from Lakeshore Ave. when compared to other existing
structures, the variance will not alter the essential character of the locality.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of a variance to reduce the front yard setback for the existing garage from
30 feet to 23 feet, subject to the following terms and conditions:
1) This variance shall only be valid for the garage as currently exists on the property and not
for other structures or expansions to existing structures.
2) This variance shall only be effective upon the recording of the plat of Brede Estates.
3) The Owner shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance.
Dated: October 15, 2013.
Attest:
By:
Scott T. Johnson, City Administrator -Clerk
By:
r-iiabeth Weir, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Pederson
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Pederson, Weir
And the following voted against same: (Absent: Martinson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-84 2
October 15, 2013