HomeMy Public PortalAbout2006-052 Resolution Granting Variance Approval for 400 Navajo Road WMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2006-52
RESOLUTION GRANTING VARIANCE APPROVAL FOR
400 NAVAJO ROAD WEST
WHEREAS, Mark Classen and Deb Classen have requested approval of a
variance from the side yard setback requirement for an addition to their attached garage
on the property legally described as follows:
Lot 4, Block 1, Tuckborough Farm, Hennepin County, Minnesota
WHEREAS, the City Council finds that extraordinary circumstances do exist due to
the timing of the rural residential moratorium which resulted in an increase in the side
yard setback requirement which occurred after the Home Owners Association approved
the applicants site plan and architectural plan; and
WHEREAS, the City Council finds that literal interpretation of the ordinance would
deprive the applicants from reasonable use of their property because the moratorium
setback requirement increase resulted in a hardship for existing properties which are
smaller in size than those created prior to the minimum lot size requirement of 5 acres of
contiguous soils suitable for septic; and
WHEREAS, the City Council finds that special circumstances of the timing of the
moratorium did not result from actions of the applicants; and
WHEREAS, the City Council finds that the variance will not confer special
privileges on the applicants that is denied to the owners of other lands in the same district
due to the timing of the moratorium which do not apply to other property owners; and
WHEREAS, the City Council finds that the applicants have requested a variance
which is the minimum to meet their needs due to the layout of the attached garage,
landscaping and well located on their existing property, and
WHEREAS, the City Council finds that the variance would not be materially
detrimental to the purpose of this Ordinance or to property in the same zone due to the
timing of the moratorium which resulted in the increase in the side yard setback; and
WHEREAS, the variance was reviewed by the Planning Commission on July 11,
2006 and the City Council on August 2, 2006, for conformance with the City's
ordinances and comments from the applicants and other interested parties were heard;
Resolution No. 2006-52
August 15, 2006
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NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF
THE CITY OF MEDINA, MINNESOTA, that it should and hereby does grant
approval of the request by Mark Classen and Deb Classen for a variance to reduce the
required side yard setback from 50 feet to 21 feet to allow construction of an addition to
the attached garage located at Lot 4, Block 1, Tuckborough Farm, Hennepin County,
Minnesota:
NOW, THEREFORE, BE IT FUTHER RESOLVED that the variance is subject
to the following findings and conditions:
1. The variance is only good for the building proposed on the plans dated May 19,
2006 and revised on June 19, 2006.
2. The applicants must obtain a building permit prior to beginning construction.
3. Per Section 825.47 of the Code, the variance is only valid for one year from the
date of approval.
Dated: August 15, 2006
Bruce 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 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. 2006-52
August 15, 2006
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