HomeMy Public PortalAbout2013-85 Resolution Granting Side Yard Setback Variance to US Home Corp at 3032 Basswood RdMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2013-85
RESOLUTION GRANTING SIDE YARD SETBACK VARIANCE
TO US HOME CORPORATION FOR
AN EXISTING HOME AT 3032 BASSWOOD ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, the U.S. Home Corporation, a Delaware Corporation (the "Owner"), owns
property located at 3032 Basswood Road (the "Property"), which is legally described as:
Lot 2, Block 4, The Enclave at Brockton, Hennepin County, Minnesota; and
WHEREAS, the Property is zoned Planned Unit Development (PUD), which requires
minimum side yard setbacks of 7.5 feet; and
WHEREAS, the Owner inadvertently and erroneously applied for and received a permit
to construct a home 5 feet from the western property line; and
WHEREAS, the error was not discovered until construction of the home was nearly
complete; and
WHEREAS, the Owner has requested the City to consider a variance to reduce the
required side yard setback from the western property line from 7.5 feet to 5 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
November 6, 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:
a. The Owner proposes to use the Property in a reasonable manner, as a
single-family home site.
Resolution No. 2013-85
November 19, 2013
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 plight of the landowner is due to circumstances unique to the property
not created by the landowner because of the following facts: i) this home
was the first constructed within the PUD which requires 7.5 foot side yard
setbacks; ii) no other zoning designation within the City requires 7.5 foot
side yard setbacks; and iii) the City discovered the inadvertent error on the
permit application after construction of the home was nearly complete.
d. Because of the orientation of neighboring parcels along street frontages,
the distance between structures within the PUD will vary, the reduction of
setback would not be noticeable, and 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 western side yard setback for the existing
home from 7.5 feet to 5 feet as shown upon the plans dated May 13, 2013. Notwithstanding the
preceding, any future addition or reconstruction upon the Property shall meet standards in effect
at the time of such construction.
Dated: November 19, 2013.
Attest:
By:
Scott T. Jo son, City Administrator -Clerk
By:
J hn Anderson, Acting Mayor
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
And the following voted against same: (Absent: Weir)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2013-85 2
November 19, 2013