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HomeMy Public PortalAbout1989-17Member // e %_`7 introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 1/ - / `,7 RESOLUTION GRANTING VARIANCES FOR RICHARD TOOMEY AND KAREN TOOMEY WHEREAS, Richard Toomey and Karen Toomey (Applicants) have requested a variance to reduce the rear yard setback from 30 feet to 23.33 feet to construct a detached garage at 3052 Lakeshore Avenue; and WHEREAS, the Applicants have also requested a variance to permit the detached garage to contain 1,384 square feet rather than the 1,000 square feet limitation imposed by the City's ordinance; and WHEREAS, Section 825.45 of the City's Code of Ordinances and Minn. Stat. Section 462.357 require that variances from the strict interpretation of the zoning ordinance be granted only when there is a demonstrated hardship because of circumstances unique to the property; and WHEREAS, the planning commission considered the Applicants' requests and recommended approval of the setback variance but denial of the variance for the oversizedd building; and WHEREAS, the City Council has had an opportunity to review the matter and to hear from the Applicants regarding their requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the Applicants' requests for variances to reduce the rear yard setback from 30 feet to 23.33 feet and to increase the building size from 1,000 square feet to 1,384 square feet for a detached garage, are hereby granted, subject to the following conditions: 1. The old garage and pad shall be removed; 2. The elevation of the new garage shall be reviewed by the staff; 3. The Applicants shall reimburse the city for all costs, including legal expenses, involved in enforcing any provision of this variance or any ordinance related thereto; and 4. The Applicants shall pay to the city a fee in the amount determined by the staff to represent the actual cost to the city of reviewing these variance applications. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City of Medina that the hardships justifying granting the rear yard setback variance are the shape of the lot and the soil conditions and the hardship justifying granting the variance for an oversized building is the soil conditions which prevent the attachment of the garage to the house. Dated: /G 2G17,' /� , 1989. Thomas Ande ATTEST: C.j'7"✓ tf J / t- a _ e) Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member M, 7Z e // and upon vote being taken thereon, the following voted in favor thereof: /J� /7r7c44/-5 e/ ///i _f5e- f2 �t'e /itP 15 , and the following voted against same: ✓�LAj /72 Whereupon said resolution was declared duly passed and adopted. MedRes6:045RE213.E40 2