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Member Johnson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.99-67
RESOLUTION GRANTING A SIDE YARD SETBACK
VARIANCE TO KEN DARULA AT 4737 MEDINA LAKE
DRIVE.
WHEREAS, Ken Darula (the "Applicant") is the fee owner of property located at 4737
Medina Lake Drive, which property is legally described as Lot 2, Block 2, Foxberry Farms 5th
Addition, Hennepin County, Minnesota (the "Property"); and
WHEREAS, the Applicant has requested permission to build a deck on the existing house
which would extend to within 5 feet of the side lot line of the Property; and
WHEREAS, the city's zoning ordinance requires side yard setback in the suburban
residential district, which includes the Property, of a minimum of 15 feet; and
WHEREAS, the city's zoning ordinance requires a variance to reduce the side yard setback
from 15 feet to 5 feet as proposed by the Applicant; and
WHEREAS, this matter was reviewed by the planning commission at its meeting on
October 12, 1999 and by the city council at its meeting on October 19, 1999.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, that a variance be granted to reduce the required side yard setback on the Property from
15 feet to 5 feet to construct a deck on the Property, subject to the following terms and conditions:
1. The deck must be constructed in accordance with the plans and specifications
submitted to and approved by the city and may not extend into the 5 foot drainage and utility
easement along the side lot line;
2. The lot line and easement must be staked by a registered survey prior to beginning
construction of the deck;
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3. The Applicant must protect and maintain the foundation drainage system in the area
during construction of the deck; and
4. The Applicant must pay the city an administrative fee in the amount necessary to
reimburse the city for the cost of reviewing this application.
NOW. THEREFORE. BE IT FURTHER RESOLVED by the city council of the city of
Medina, Minnesota that the side yard setback variance hereby granted is justified by the existence
of the following hardships regarding the Property:
1. The location of the house on the limited upland area of the lot;
2. The location of the wetlands on the lot; and
3. The pie shape buildable area of the lot.
Dated: November 2,1999.
ATTEST:
Paul Robinson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Hamilton
and upon vote being taken thereon, the following voted in favor thereof:
Ferris, Hamilton, and Johnson
and the following voted against same: Zietlow and Smith
Whereupon said resolution was declared duly passed and adopted.
RHB-170983
ME230-1-PZ
99-67
11-02-99