HomeMy Public PortalAbout2022-36 Resolution Approving Bonner VarianceResolution No. 2022-36
May 17, 2022
ME230-775-797031.v1
Member DesLauriers introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 2022-36
RESOLUTION APPROVING ANIMAL STRUCTURE SETBACK VARIANCE
AT 2055 TAMARACK DRIVE
WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Jeffrey Bonner and Ingunn Stromnes (the “Owners”) own property located
at 2055 Tamarack Drive (the “Property”), which is legally described in Exhibit A, attached hereto;
and
WHEREAS, the Owners have requested a variance to reduce the required animal structure
setback from the northern property line from 150 feet to 110 feet; and
WHEREAS, the Planning Commission reviewed the requested variance at a duly noticed
public meeting on April 12, 2022 and recommended approval; and
WHEREAS, the City Council held a public hearing on the requested variance at its May
3, 2022 regular meeting, reviewed the Planning Commission recommendation, heard testimony
from City staff, and provided opportunity for testimony from any interested party; 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 consistent with the Comprehensive Plan and in harmony
with the general purposes and intent of the City’s Zoning Ordinance.
2. Keeping animals on the property is a reasonable use which is permitted in the
Property’s underlying zoning district.
3. The plight of the landowner is due to circumstances unique to the property and not
created by the landowner. The property width is 313’-5” and a setback requirement of
150’ from all property lines for animal structures is required, leaving practically no
location for a functional structure to house animals on the Property.
4. The proposed variance does not confer special privileges which are not afforded to
owners of other lands, structures, or buildings in the same district and will not alter
the essential character of the neighborhood.
5. The Applicant has established that there are practical difficulties in complying with
the requirements of the City’s Zoning Ordinance.
Resolution No. 2022-36 2
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NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
hereby approves a variance to reduce the required animal structure setback from 150 feet to 110
feet along the Property’s north property line, subject to the following terms and conditions:
1. The Owners shall submit a grading plan with the building permit application for the
animal structure showing how drainage will be directed around and away from the
structure.
2. The Owners shall construct the animal structure no closer than 110 feet from the north
property line. All other setbacks must adhere to City requirements. The Owners shall
provide information from a surveyor to identify the location of the northern property line.
3. The maximum number of animal units within the structure shall be three.
4. The Owners shall construct the animal structure in substantial conformance with the
plans dated March 15, 2022, except as amended herein.
5. The Owners shall commence construction within one year of the approval of this
variance. If construction has not commenced after one year, the variance shall be
considered null and void.
6. The Property shall remain in compliance with all state and local laws, including, but not
limited to, all provisions of the Medina City Code.
7. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the request.
Dated: May 17, 2022
By: ______________________
Kathleen Martin, Mayor
Attest:
By: ___________________________
Caitlyn Walker, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Albers
and upon vote being taken thereon, the following voted in favor thereof:
Albers, DesLauriers, Martin
And the following voted against same: (Absent: Cavanaugh, Reid)
None
Whereupon said resolution was declared duly passed and adopted.
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EXHIBIT A
Legal Description of Property
That Part of The South 313.5 Feet of The North 657.5 Feet of The Southeast 1/4 of The Northwest
1/4 of Section 23, Township 118 North, Range 23 West lying East of the West 600 feet thereof,
Hennepin County, Minnesota. Excepting any portions thereof used for roadway.
PID 2311823240007
Abstract Property