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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