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