HomeMy Public PortalAbout2014-043 Resolution Approving Variances for Gregory SmithMember Martinson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2014-43
RESOLUTION APPROVING VARIANCES FOR GREGORY SMITH
TO CONSTRUCT A GARAGE EXPANSION AT 4635 PINE STREET
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Gregory L. Smith (the "Applicant"), owns property located at 4635 Pine
Street (the "Property"), which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Applicant has requested the following variances to allow the
construction of a garage expansion on the Property:
1) Reduce required eastern (rear) yard setback from 30 feet to 12.9 feet, and
2) Increase maximum imperious surface percentage in the shoreland overlay district from
25% to 30%; and
WHEREAS, the Planning Commission reviewed the requested variances at a duly
noticed public meeting on June 10, 2014 and recommended approval; and
WHEREAS, the City Council held a public hearing on the requested variances at the
July 1, 2014 meeting; 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 testimony submitted to the City, the City
Council makes the following findings of facts in regards to the request:
1. The proposed variances are consistent with the Comprehensive Plan.
2. The proposed variances are in harmony with the general purposes and intent of the
Zoning Ordinance, subject to the conditions noted below.
3. The existing attached garage was constructed less than 30 feet from the eastern
property line prior to the Zoning Ordinance being adopted, and the proposed addition
is located slightly further from the property line than the existing garage.
4. The location of the existing garage and the relatively low amount of hardcover on the
Property are unique compared to other Property in the same district.
5. The Applicant proposes to put the Property to a reasonable use.
Resolution No. 2014-43
July 15, 2014
6. The plight of the Applicant is due to the location of the garage which was built prior
to the Zoning Ordinance being adopted and the requested variances are the minimum
necessary after considering other restrictions upon the Property.
7. The proposed variances do not confer special privileges which are not afforded to
owners of other lands, structures, or buildings in the same district.
8. The granting of the variances allow construction which is similar in scale to other
properties in the area and will not alter the essential character of the neighborhood.
9. The Applicant has established that there are practical difficulties in complying with
the requirements of the Zoning Ordinance.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves the following variances, subject to the terms and conditions noted in this
resolution:
1. The required rear yard (eastern) setback is hereby reduced from 30 feet to 12.9 feet.
2. The maximum allowed impervious surface coverage is hereby increased from 25% to
30%.
BE IT FURTHER RESOLVED that the approval granted herein shall be subject to the
following terms and conditions:
1 The Applicant shall grade the property and install improvements which ensure that
stormwater from the addition does not negatively impact neighboring property
owners. The Applicant shall provide updated plans for approval by the City Engineer
and shall provide such documentation required by the engineer after construction is
complete to verify that the improvements and grading were completed consistent with
this condition.
2. The Applicant shall install landscaping improvements designed to accommodate
stormwater runoff and direct a portion of the runoff from the garage addition to such
landscaping.
3. No trees shall be removed for construction of the garage addition.
4. Outside storage shall be consistent with relevant City Code requirements.
5. Any threshold or apron constructed for the overhead doors on the garage addition
shall be pervious materials.
6. The Applicant shall abide by the recommendations of the City Engineer.
7. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the variance request and other relevant documents.
Resolution No. 2014-43 2
July 15, 2014
Dated: July 15, 2014.
Attest:
By:
Scoti T. Jo son, City Administrator -Clerk
By: 0/�,9/
Elizabeth Weir, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Anderson
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. 2014-43 3
July 1'5, 2014
EXHIBIT A
Legal Description of Property
Loi 1, in adjacent 10 feet of vocater'
street and Lot of 'cock 20, INDEPENDENCE
BEACH, Hennepin County, Minnesota.
Resolution No. 2014-43 4
July 15, 2014