HomeMy Public PortalAbout2016-100 Resolution Denying Variance Request of Ellis and Nancy Olkon at 2362 Willow DriveMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2016-100
RESOLUTION DENYING VARIANCE REQUEST OF
ELLIS AND NANCY OLKON AT 2362 WILLOW DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Ellis and Nancy Olkon (the "Owners"), own property in the City at
2362 Willow Drive which is legally described in Exhibit A, attached hereto (the "Property"); and
WHEREAS, the Owners have requested a variance to decrease the minimum lot size
requirement from five acres of contiguous soils suitable for a standard sewage disposal system to
1.31 acres of contiguous soils suitable for a standard sewage disposal system for Lot 1 and
1.55 acres of contiguous soils suitable for a standard sewage disposal system for Lot 2 to allow
for a subdivision of the Property; and
WHEREAS, the Planning Commission reviewed the requested variance at a duly noticed
public meeting on September 13, 2016 and recommended denial; and
WHEREAS, the City Council held a public hearing on the requested variance and
reviewed the request at the November 1, 2016 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 variance request:
1. The proposed variance is not in harmony with the general purposes and intent of the
zoning and subdivision ordinances because the requested variance involves
substantial deviations from established minimum lot standards for suitable soils for
septic systems.
2. The Owners have not established that there are practical difficulties in complying
with the zoning ordinance.
3. The Owners have not established that an unusual or particular hardship exists on the
Property.
4. No variance is needed to allow the Property to be used in a reasonable manner. Its
use as a single lot is reasonable in light of the serious limitation of suitable soils on
the Property.
Resolution No. 2016-100
December 20, 2016
5. Granting the variance would confer upon the Owners special privileges that are
denied to owners of other lands within the Rural Residential zoning district because
the requested variances would likely be unprecedented.
6. The circumstances and conditions upon which the variance request is based are not
unique to the Property, but instead are common to other parcels of land within the
City, many of which have similar limitations on suitable soils.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby denies the requested variance to reduce the required minimum lot size.
Dated: December 20, 2016.
By:
Attest:
By: C
Jodi . Gallup, City Clerk
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:
Bob Mitchell, Mayor
Anderson, Cousineau, Martin, Mitchell, Pederson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2016-100 2
December 20, 2016
EXHIBIT A
Legal Description of Property
That part of the Northeast Quarter of the Northeast Quarter of Section 21-118-23
lying northerly of County Road No. 24, and easterly of Willow Drive.
Resolution No. 2016-100 A-1
December 20, 2016