HomeMy Public PortalAbout1991-05Member introduced the following resolution and moved its
adoption:
CITY OF MEDINA
RESOLUTION NO. /
RESOLUTION DENYING A VARIANCE
TO CLYDE LIBBY FOR
LOTS 1 AND 3, BLOCK 1, LIBBY ADDITION
WHEREAS, in 1972 the City of Medina (City) approved the plat of Libby
Addition for Mr. Clyde Libby (Applicant), by which an area of approximately seven
acres was divided into four residential lots; and
WHEREAS, the Applicant's house was located on Lot 2 and he retained
ownership of Lots 1 and 3; and
WHEREAS, a comprehensive zoning ordinance became effective in the City
on October 8, 1980, (Zoning Ordinance), which established a minimum lot size in
unsewered areas of two acres of conventional or five acres of innovative soils; and
WHEREAS, Section 825.13 of the Zoning Ordinance allowed development of
lots created prior to October 8, 1980, which did not otherwise meet the new
minimum lot size requirements, upon a showing that certain conditions could be
met; and
WHEREAS, among those conditions are that the lot be in continuous
separate ownership from adjacent land since the effective date of the Zoning
Ordinance and that it be demonstrated that a safe and adequate septic system can
be constructed on the lot; and
WHEREAS, the septic system for the house on Lot 2 is located on prohibited
soils and, due to poor soils conditions, there exists no alternate septic site on the
lot; and
J.
WHEREAS, in May, 1990, the Applicant made two visits to city hall and was
informed by city staff that Lots 1 - 3 are considered by the City to be a single
development site; and
WHEREAS, the Applicant sold Lot 2 while retaining ownership of Lots 1 and
3; and
WHEREAS, the Applicant has requested a variance to have Lots 1 and 3,
declared a buildable site for residential purposes; and
WHEREAS, the combined area of Lots 1 and 3, Block 1 is about 2.22 acres
and the lots contain about 1.33 acres of innovative soils; and
WHEREAS, the planning commission reviewed this matter and on August 14,
1990, recommended denial of the variance because of the absence of a hardship;
and
WHEREAS, the City Council has considered the request at its meetings of
September 4 and 18, October 16, December 4 and 18, 1990, and January 3, 1991.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of
Medina, Minnesota that the variance request by Clyde Libby is hereby denied for
the following reasons:
1. The City finds that the site composed of Lots 1 and 3, Libby Addition does
not comply with minimum lot size requirements of the Zoning Ordinance for
conventional or innovative soils.
2. The City finds that the site composed of Lots 1 and 3, Libby Addition does
not qualify for the exception to minimum lot size requirements permitted by
Section 825.13 of the Zoning Ordinance because the two lots were held in
common ownership with other adjacent property on the effective date of the
Zoning Ordinance and due to the absence of adequate sites for a septic
system on Lot 2.
3. The City finds that there exist no hardships justifying the granting of a
variance as is required by Section 825.45 of the Zoning Ordinance and
Minnesota Statutes Section 462.357.
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4. The City finds that the hardship to the Applicant is a personal financial one,
not a hardship relating to the property.
5. The City finds that the hardship was self-created and caused by the
Applicant's sale of Lot 2, independent of Lots 1 and 3.
DATED: .)G- r ` , 1991.
ry M. Acromite, Mayor
ATTEST:
Donna Roehl, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by
member
C / / 1. 14.
and upon vote being taken thereon, the following voted
in favor thereof: J 1 / yam/ A
Ho to)
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
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