HomeMy Public PortalAbout2002-059Member James Lane introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.02-59
RESOLUTION REGARDING VARIANCES FOR 3167
LAKESHORE AVENUE
WHEREAS, RLL Properties, LLC (the "Applicant") is the fee owner of property located at
3167 Lakeshore Avenue, which property is legally described as Lot 1, Block 1, RLL Properties
Addition, Hennepin County, Minnesota (the "Property"); and
WHEREAS, the Property is zoned urban residential ("UR") and is located within the
shoreland overlay district because of its location on Lake Independence, a recreational development
("RD") lake; and
WHEREAS, the city's zoning ordinance requires a minimum front yard setback of 30 feet
in the UR zone and a minimum setback of 75 feet from the ordinary high water level of RD lakes;
and
WHEREAS, the Applicant has requested variances to reduce the required front yard
setback from 30 feet to 5 feet and to reduce the setback from the ordinary high water level from 75
feet to 37.5 feet; and
WHEREAS, this matter was considered by the planning commission at its meeting on June
11, 2002 and by the city council on June 18, 2002.
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 setbacks as requested,
subject to the following terms and conditions:
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1. The Applicant must ensure that approved erosion control measures be used and
installed prior to beginning any site work or removal of existing buildings;
2. A buffer 20'-25' in depth must be installed before the new house is occupied;
3. The Applicant must comply with any conditions of the Minnesota Department of
Natural Resources ("DNR");
4. The Applicant must comply with any conditions of the Pioneer Creek Watershed
District;
5. The Applicant must comply with the conditions of the city engineer as outlined in
his letter to Loren Kohnen dated May 23, 2002;
6. The Applicant must verify with the DNR regarding flood plain fill and mitigation
for the driveway;
7. All minutes, findings and other materials related to this variance application must
be submitted to the DNR within 10 days of the date of approval of this resolution;
8. The variances must be utilized within one year of the date of this resolution by
issuance of a building permit for a single family dwelling or the approval hereby granted will be
null and void; and
9. The Applicant must pay to 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 that the above variances are justified because of the following hardships:
1. There are no practical options due to the topography of the Property;
2. The setback from the Lake Independence will be similar to the existing house next
door;
3. The variances are consistent with others in the neighborhood and will not convey to
the Applicant any special privileges denied to others;
4. This is the smallest variance needed to make the Property buildable; and
5. There will be very little impact on adjacent parcels.
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Dated: September 16, 2002.
Philip K. Zietlow, Ma or
1LST:
Laura Sulander, Acting Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Bruce
Workman and upon vote being taken thereon, the following voted in favor thereof: Workman,
Lane, Supel, Smith and Zietlow.
and the following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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