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HomeMy Public PortalAbout1996-028Member Phil Zietlow introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 96-28 RESOLUTION GRANTING A REAR YARD SETBACK VARIANCE TO COLLEEN MORIN AND JOHN MORIN WHEREAS, Colleen Morin and John Morin (the "Applicants") are the owners of property located at 4632 Brook Street (the "Property"); and WHEREAS, the house on the Property contains a deck which is deteriorating and in an unsafe condition; and WHEREAS, the Applicants wish to replace the deck in the same general location as the existing deck; and WHEREAS, to do so would require a rear yard setback of 8.5 feet rather than the 30 feet required by ordinance; and WHEREAS, the city's zoning ordinance requires a variance under such circumstances; and WHEREAS, this matter was reviewed by the planning commission on June 11, 1996 at which time the planning commission recommended approval of the variance; and WHEREAS, the city council reviewed the matter on June 18, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the requested variance be granted to the Applicants, subject to the following terms and conditions: 1. The proposed deck must be built in substantial compliance with the plans and specifications submitted to and approved by the city; RHB106644 ME230-8 2. The proposed deck must be replaced within one year of the date of this resolution or an extension of said time must be granted by the city council prior to its expiration. If neither occurs, the approval hereby granted shall be null and void thereafter; and 3. The Applicants must pay to the city an administrative fee in an amount equal to the city's cost in reviewing this application. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina, Minnesota that the above variance is justified by the hardship of the size and configuration of the Property and the location of the existing structures on the Property. Dated: July 2. , 1996. ATTEST: Anne E. Theis, Mayor rakfnder, cling erk- i reasurer The motion for the adoption of the foregoing resolution was duly seconded by member Ann Thies and upon vote being taken thereon, the following voted in favor thereof: Zietlow, Thies, John Ferris, James Johnson, and Mayor Anne Theis. and the following voted against same: hone. Whereupon said resolution was declared duly passed and adopted. RHB106644 ME230-8 Member Phil Zietlow introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 96-28 RESOLUTION GRANTING A REAR YARD SETBACK VARIANCE TO COLLEEN MORIN AND JOHN MORIN WHEREAS, Colleen Morin and John Morin (the "Applicants") are the owners of property located at 4632 Brook Street (the "Property"); and WHEREAS, the house on the Property contains a deck which is deteriorating and in an unsafe condition; and WHEREAS, the Applicants wish to replace the deck in the same general location as the existing deck; and WHEREAS, to do so would require a rear yard setback of 8.5 feet rather than the 30 feet required by ordinance; and WHEREAS, the city's zoning ordinance requires a variance under such circumstances; and WHEREAS, this matter was reviewed by the planning commission on June 11, 1996 at which time the planning commission recommended approval of the variance; and WHEREAS, the city council reviewed the matter on June 18, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the requested variance be granted to the Applicants, subject to the following terms and conditions: 1. The proposed deck must be built in substantial compliance with the plans and specifications submitted to and approved by the city; RHB106644 ME230-8 2. The exterior of the building addition to be constructed on the property shall be of the same or similar decorative block to match the existing structure and shall be constructed to meet all codes; 3. Any signs on the property must meet city code; 4. There shall be no exterior trash container on the property; 5. All mechanical equipment on the roof or elsewhere shall be screened from view from adjacent properties and roadways; 6. All landscaping shall be installed according to plan and shall be maintained by the Applicant; 7. The parking shall be installed in accordance with the requirements of the city engineer as expressed in his letter dated May 9, 1996 to Loren Kohnen. Such parking improvements shall include paving the parking lot section to a 9 ton design for truck traffic, and paving the driveway section with the use of stabilization fabric, 10 inches of class 5 100% crushed aggregate and 31/2 inches of bituminous surfacing. The Applicant shall also install concrete curb and gutter around the parking lot; 8. The hard surface coverage for the entire property shall not exceed 60%; 9. The number of employees sha l not exceed the number which can be accommodated by the available on -site parking spaces; 10. Exterior lighting shall be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast directly onto adjacent parcels or rights -of -way; 11. Site drainage must be accomplished in accordance with the requirements of the city engineer as expressed in his letter of May 9, 1996; 12. The Applicant must execute a site development agreement with the city to ensure completion of site improvements estimated to cost $19,570; 13. Staff is authorized to grant administrative conditional use permits for tenants in the subject building;. 14. The number of additional SAC units is 1 unit; and 15. The Applicant shall pay to the city an administrative fee in the amount determined by the city to represent its actual cost in reviewing this amended conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Medina, Minnesota, that variances be granted to the Applicant to reduce the required sideyard setback RHB108836 ME230-243 2 from 20 feet to 15.5 feet and the required rear yard setback from 30 feet to 14.8 feet. These variances are justified in light of the hardships on the property posed by the shape of the existing lots, the sizes of those parcels, the presence of an existing building not parallel with the lot lines. Dated: August 20, 1996 r.L Ann C. Thies, Acting Mayor A FI EST: Paul Robinson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Zietlow and upon vote being taken thereon, the following voted in favor thereof: Ferris, Johnson, Thies, and Zietlow. and the following voted against same: None Absent: Mayor Theis Whereupon said resolution was declared duly passed and adopted. RHB108836 ME230-243 3