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HomeMy Public PortalAbout2005-042 Resolution Denying Preliminary Plat & Variance for 1475 Willow DrMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2005-42 RESOLUTION DENYING PRELIMINARY PLAT AND VARIANCE FOR 1475 WILLOW DRIVE WHEREAS, the city of Medina (the "City") has received an amended application from Michael Leuer (the "Applicant") regarding the platting of certain land in Medina located at 1475 Willow Drive (the "Property") which is legally described as follows: The North 675 feet of the South 725 feet of the East 645.33 feet of the Northeast Quarter of the Northeast Quarter of Section 28, Township 118 North, Range 23 West of the 5th Principal Meridian. Subject to County Road 87 over the Easterly 33 feet thereof as shown in deed Doc. No. 830813, Files of Registrar of Titles. WHEREAS, the plat, and variance from the suitable soils requirement per the subdivision regulations for the Property were submitted by the Applicant and reviewed by the planning commission on February 22, 2005 and, following a public hearing thereon as required by law, and hearing testimony from the Applicant, city staff, and other interested parties; and WHEREAS, the Applicant received a recommendation for denial from the planning commission for the preliminary plat and variance from the subdivision regulations for the Property; and WHEREAS, on March 15, 2005, the city council reviewed the preliminary plat and variance for conformance with the ordinances of the City and considered the recommendations of the planning commission, and heard the testimony of the Applicant, city staff, and other interested parties regarding the matter; and Resolution No. 2005-42 July 5, 2005 WHEREAS, the previous Applicant requested the application be tabled to allow for more time to provide information regarding the amount of suitable soils for each lot; and WHEREAS, on June 21, 2005, the city council reviewed the plat and variance for conformance with the ordinances of the City and the Comprehensive Plan, and considered the additional information provided by the new Applicant regarding the suitable soils calculations for the Property, and received oral testimony from the Applicant, city staff and other interested parties. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that it should and hereby does deny the request by Michael Leuer for the preliminary plat and variance from the suitable soils requirements in the subdivision ordinance based on the following findings: 1. Because the lot is flat, open and has a sustainable single-family home, nothing about this lot represents a hardship to the owner from the strict letter of the ordinance. 2. The conditions upon which the application for the variance is based are not unique to the parcel of land for which the variance is sought and are common to other properties with the City. 3. The property can and has been used as a single lot without any concerns or issues for a considerable amount of time, and therefore, any hardship resulting from the denial of the variance stems from the applicant's desire to subdivide the lot and create a new lot. 4. The granting of the variance will be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located because granting the variance would allow land to be used contrary to the code of ordinances. Dated: July 5, 2005. Resolution No. 2005-42 2 July 5, 2005 Brune D. Workman, Mayor ATTEST: Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Smith and 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. 2005-42 3 July 5, 2005