HomeMy Public PortalAbout1996-029Member Phil Ziet low introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 96-29
RESOLUTION GRANTING A SETBACK VARIANCE TO
FRANK PERNAT AND SALLY PERNAT
WHEREAS, Frank Pemat and Sally Pernat (the "Applicants") are owners of property
located at 2937 Lakeshore Avenue, which parcel abuts Lake Independence (the 'Property"); and
WHEREAS, the Property includes a house with a deck on the lake side which is
deteriorating and in an unsafe condition; and
WHEREAS, the Applicants wish to replace the deck with another structure of
approximately the same size and in the same location; and
WHEREAS, replacing the deck would require rebuilding it within 41 feet of the mean
high water level of Lake Independence rather than the required 75 foot from such level; and
WHEREAS, the city's zoning ordinance requires a variance to reduce the setback as
requested; 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;
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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;
3. If the existing shed located in the northwest corner of the Property falls into
disrepair or is destroyed to more than 50% of its value, it may only be replaced
in compliance with all setback requirements; and
4. 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:
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Anne E. Theis, Mayor
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: none
Whereupon said resolution was declared duly passed and adopted.
RHB106619
ME230-8