HomeMy Public PortalAbout1996-003Member Ann Thies introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 96-3
RESOLUTION DENYING A VARIANCE FOR MR. AND MRS.
WILLIAM COOPER
WHEREAS, Mr. and Mrs. William Cooper (the "Applicants") are the fee owners and
reside at property located at 1880 Buckskin Drive (the "Property"); and
WHEREAS, the Property is composed of three separate lots which total approximately
45 acres; and
WHEREAS, the Applicants have sought permission to construct an animal structure to
feed their horses at location on the Property which is within 13.5 feet of the front lot line and
which straddles a line between two of the lots; and
WHEREAS, the Property is zoned rural residential; and
WHEREAS, section 826.25, subd. 4 of the City's zoning ordinance requires that animal
structures in the rural residential district be located at least 150 feet from all property lines; and
WHEREAS, it will be necessary to grant a variance in order for the animal structure to
be built in the location proposed by the Applicants; and
WHEREAS, section 825.45 of the City's zoning ordinance authorizes granting a variance
only when application of the ordinance will result in undue hardship due to unique circumstances
of the land and only if the council is able to make findings regarding six enumerated criteria; and
WHEREAS, this matter was the subject of a public hearing by the planning commission
at its meeting of January 9, 1996; and
WHEREAS, the planning commission, following the public hearing, recommended that
the variances not be granted; and
WHEREAS, this matter was also discussed by the city council at its meeting on February
6, 1996, following review of the written record.
NOW, THEREFORE, BE IT RESOLVED by the Medina city council that the council
makes the following findings:
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1. The proposed building, which would measure 20 x 13 x 9 feet, would have a roof
and be enclosed on three sides, is a structure within the meaning of the City's ordinances and
the state building code.
2. There is nothing unique about the Property, including its size, shape or geography,
which requires the location of the animal structure in the proposed location.
3. Any hardship resulting from denial of the variance stems from the Applicant's
desire to use the Property in a specific manner rather than any hardship unique to the Property
which would burden anyone owning or using the land.
4. With 45 acres, the Applicants have ample other locations in which to place the
animal structure which would comply with City ordinances and denial of permission for the
requested location does not constitute an undue hardship on the Applicants.
5. The need to comply with the side yard setback from the internal lot line is a self-
created hardship resulting from the Applicants' unwillingness to combine the lots rather than
from any unique characteristics of the land itself.
6. The variance requested is an extreme one which would reduce the front yard
setback from 150 feet to 13.5 feet and by reducing the required side yard setback from 150 feet
to 0 feet.
7. Granting the variance as requested would bestow a privilege on the Applicants not
enjoyed by the owners of other similarly situated property within Medina.
8. Construction of the animal structure in the location proposed would violate section
825.19, subd. 1 of the City's zoning ordinance which prohibits the construction of an accessory
structure on a lot prior to the construction of a principal structure.
Dated: February 6 , 1996.
ATTEST:
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Anne E. Theis, Mayor
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The motion for the adoption of the foregoing resolution was duly seconded by member Phil
Zietlow and upon vote being taken thereon, the following voted in favor thereof:
John Ferris, Jim Johnson, Thies, Zietlow, and Mayor Anne Theis.
and the following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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