HomeMy Public PortalAbout2015-078 Resolution Approving Variance to Brian Etzel for Property Located at 2942 Lakeshore AvenueMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2015-78
RESOLUTION APPROVING VARIANCE TO BRIAN ETZEL
FOR PROPERTY LOCATED AT 2942 LAKESHORE AVENUE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Brian Etzel (the "Applicant") owns property at 2942 Lakeshore Avenue
which is legally described on Exhibit A, attached hereto (the "Property"); and
WHEREAS, the Applicant has requested approval from the City for a variance from the
setback requirements of the City Code in order to expand a deck on their home. The variance
request would reduce the required setback from the Balsam Street right-of-way from 30 feet to
12 feet; and
WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public
meeting where testimony was heard from the Applicant, city staff, and other interested parties;
and
WHEREAS, on September 1, 2015, the City Council held a public hearing, reviewed the
request, considered the recommendations of the Planning Commission and heard comments from
interested parties; and
WHEREAS, the City Council has made the following findings of facts with regards to
the requested variance:
(a) An undue hardship exists as a result of the narrowness of the lot and this circumstance
does not apply generally to other property in the same zoning district.
(b) The literal interpretation of the setback provisions of the City Code would prevent the
Applicant from constructing a deck onto their home on the subject property, which is a
reasonable use and a right commonly enjoyed by other properties in the district.
(c) The narrow width of the existing lot does not result from the actions of the Applicant.
(d) Granting of the variance does not confer on the Applicant any special privileges that are
denied to owners of other property in the same district.
Resolution No. 2015-78
September 15, 2015
(e) The variance will not alter the essential character of the area and the deck is of an average
size for the home.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby grants approval of the variance referenced above, subject to the following terms and
conditions:
1) The Applicant shall convert hardcover areas to pervious surfaces to the satisfaction of
City staff in order to reduce the overall impervious surfaces on the Property.
2) The Applicant shall not remove any of the trees or vegetation surrounding the proposed
deck.
3) The Applicant shall utilize the variance within one year of approval, or the variance shall
be considered null and void.
4) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance and other relevant documents.
Dated: September 15, 2015.
Attest:
Johnson, City Administrator
By:
Bob Mitchell, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Martin
and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Cousineau, Martin, Mitchell, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2015-78 2
September 15, 2015
Exhibit A
Legal Description of the Property
A certain tract or parcel of land in Hennepin County, in the State of Minnesota, described
as follows:
All of Lot 1 and the Westerly 40 feet of Lots 2 and 19, Block 26, "Independence Beach,
Hennepin County, Minnesota", except that part thereof described as follows: Commencing
at the Southwest corner of said Lot 1; thence Southeasterly along the Northerly line of
Main Street a distance of 140 feet more or less to the Southeast corner of the Westerly 40
feet of said Lot 19; thence North parallel with the East line of said Lot 1 a distance of 54.33
feet; thence Northwesterly to a point on the Westerly line of said Lot 1 distance 40 feet
Southwesterly from the Northwest corner thereof; thence Southwesterly a distance of 55
feet to point of beginning.
Resolution No. 2015-78 3
September 15, 2015
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