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HomeMy Public PortalAbout2000-049 Resolution Granting Setback Variances to Harvey Anderson for a Deck Replacement at 3121 Lakeshore Avenue113 Member Johnson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.00-49 RESOLUTION GRANTING SETBACK VARIANCES TO HARVEY ANDERSEN FOR A DECK REPLACEMENT AT 3121 LAKESHORE AVENUE WHEREAS, Harvey Andersen (the "Applicant") is the fee owner of property located at 3121 Lakeshore Avenue (the "Property"); and WHEREAS, the Property contains a deck which does not comply with the current setback requirements applicable to the Property; and WHEREAS, the deck needs to be replaced because of its physical condition but, once removed, cannot be reconstructed in its current location without variances for setbacks; and WHEREAS, variances were granted for this project on June 1, 1999 but the Applicant was unable to construct the replacement deck within a year and the variance lapsed; and WHEREAS, the Applicant has applied again for the same variances, which application was reviewed by the planning commission on September 18, 2000 and by the city council on October 3, 2000. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that variances be granted to the Applicant to reduce the required side yard setback from 10' to 6.4' and the required setback from the mean high water mark of Lake Independence from 75' to 37' in order to reconstruct a deck on the Property, subject to the following terms and conditions: 1. The deck must be constructed in substantial compliance with the plans and specifications presented to and reviewed by the planning commission and city council; 2. The Applicant must comply with all building code and other ordinance requirements in reconstructing the deck; and RHB-187578v1 ME230-8 00-49 10-17-00 114 3. The Applicant must complete construction of the new deck within one year of the date of this resolution or the approval hereby granted will be null and void. BE IT FURTHER RESOLVED by the city council of the city of Medina, Minnesota, that the setback variances hereby granted to the Applicant are in compliance with the neighborhood standards and are justified by the following two hardships: a) the size of the Property; and b) the topography of the Property. Dated: October 17, 2000. ATTEST: Paul Robinson, Administrator -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, Smith, and Zietlow and the following voted against same: None Absent: Lane (arrived at 8:01 aver motion was made) Whereupon said resolution was declared duly passed and adopted. RHB-187578v1 ME230-8 00-49 10-17-00