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HomeMy Public PortalAbout2005-010 Resolution Granting Approval of a Variance for Darrel Farr Dev. 185 Hamel RdMember Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2005-10 RESOLUTION GRANTING APPROVAL OF A VARIANCE FOR THE DARREL A. FARR DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT 185 HAMEL ROAD WHEREAS, Darrel A. Farr Development Corporation has requested approval of a variance from a third floor setback requirement to allow a condominium project for the property located at 185 Hamel Road, legally described as follows: Lot 2, Block 4, Plat of Hamel WHEREAS, the City Council finds that granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to the owners of other lands, structures, or buildings in the same district; and WHEREAS, the City Council finds that the variance requested would not be materially detrimental to the purpose of the City Ordinance or to property in the same zone; and WHEREAS, the City Council finds that extraordinary circumstances do exist which result from the size, and double street frontage, of the applicant's property; and WHEREAS, the City Council finds that the special conditions or circumstances do not result from the actions of the applicant; and WHEREAS, the City finds that the variance is the minimum necessary to alleviate the hardship; and WHEREAS, the high density of the multi -family development and the underground parking, which increase the building height, help achieve the goals of the UH district; and WHEREAS, the Planning Commission on February 8, 2005 reviewed the application for its conformance with the City's ordinances and heard comments from the applicant and other interested parties; and WHEREAS, the City Council on February 15 and March 1, 2005 reviewed the application for it's conformance with the City's ordinances and considered the recommendations of the Planning Commission and heard comments from the applicant and other interested parties, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina, Minnesota that a variance be granted to the Darrel A. Farr Development Corporation for the property located at 185 Hamel Road, subject to the following terms and conditions: Resolution No. 2005-10 March 1, 2005 Page 2 1. Approval of the variance is contingent upon the approval of the site plan. 2. The applicant must meet all conditions of the site plan approval. 3. The applicant must obtain a building permit prior to beginning construction. 4. The variance applies only to the rear of the property, as presented in the plans received by the City on December 23, 2004. The third -floor setback requirement must still be met along the front of the property. 5. The plans shall comply with all conditions from the City Engineer's memo dated January 3, 2005. 6. The applicant shall comply with all conditions from the Fire Marshall's memo dated February 8, 2005 excluding the turn around and outdoor sprinkler valve requirements. 7. Per Section 825.47 of the Zoning Code, the variance is only valid for one year from the date of approval. Dated: March 1, 2005 Bruce D. Workman, Mayor Attest: Cc✓l .9t A Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Brinkman upon vote being taken thereon, the following voted in favor thereof: Brinkman, Weir, Workman, Cavanaugh, Smith And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2005-10 March 1, 2005