HomeMy Public PortalAbout2006-063 Resolution Granting Varinance Approval for 2845 Lakeshore AveMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2006-63
RESOLUTION GRANTING VARIANCE APPROVAL FOR
2845 LAKESHORE AVENUE
WHEREAS, Jeff Martin and Claudia Kauma have requested approval of a
variance from the required rear yard setback within the shoreland overlay district for the
construction of a new home and attached deck on property legally described on Exhibit A
attached hereto; and
WHEREAS, the variance was reviewed by the Planning Commission on August
8, 2006 and the City Council on September 5, 2006, for conformance with the City's
ordinances and comments from the applicants and other interested parties were heard;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF
THE CITY OF MEDINA, MINNESOTA, that the following findings of fact were
determined:
1. Exceptional and extraordinary circumstances do apply to the property due to
its bisection by Lakeshore Avenue and the setbacks which reduce the
buildable area; and
2. Literal interpretation of the provisions of the ordinance would deprive the
applicants of land use rights that have commonly been granted to other
properties in this district; and
3. The existence of the road across the property is a pre-existing circumstance
and is not the result of the actions of the applicant; and
4. Granting of the minimal variance will not confer on the applicant any special
privileges that other owners in this district have not been granted; and
5. The four -foot overhang of one corner of the deck is a minimum variance
which would alleviate the hardship; and
6. The minimal variance will not be materially detrimental to the purpose of this
Ordinance or to property in the same zoning district; and
Resolution No. 2006-63
September 19, 2006
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NOW, THEREFORE, BE IT FURTHER RESOLVED, BY THE CITY
COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that it should and hereby
does grant approval of the request by Jeff Martin and Claudia Kauma for a variance to
reduce the required rear yard setback within the shoreland overlay district from 75 feet to
71 feet to allow construction of a new home and attached deck located at 2845 Lakeshore
Avenue, Hennepin County, Minnesota, subject to the following terms and conditions:
1. The variance is only good for the building proposed on the plans dated July 27,
2006 and revised on August 1, 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: September 19, 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
Brinkman and upon vote being taken thereon, the following voted in favor thereof:
Brinkman, Workman, Smith
and the following voted against same: (Absent: Weir, Cavanaugh)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2006-63
September 19, 2006
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Exhibit A
That part of Government Lot 2, Section 18, Township 118, Range 23 described as
follows: Commencing at the Southeast corner of said Government Lot 2; thence on an
assumed bearing of West along the South line of said Government Lot 2 a distance of 396
feet; thence on a bearing of North a distance of 297 feet; thence North 70 degrees West a
distance of 320.50 feet to the point of beginning of the property being described; thence
continuing North 70 degrees West a distance of 100 feet; thence South 20 degrees West
to the shore of Lake Independence: thence southeasterly along said shore to its
intersection with a line drawn South 20 degrees West through the point of beginning;
thence North 20 degrees East to the point of beginning which lies Southwesterly of the
Southwesterly line of Block 29 and its Northwesterly extension, "Independence Beach,
Hennepin County, Minnesota", according to the Government Survey thereof.
Subject to permanent sanitary sewer and water easements in favor of the City of Medina
as contained in Hennepin County Recorder Document Nos. 4214674 and 4225823;
Subject to a public road easement in favor of the City of Medina as contained in Book
2020 of deeds, P Page 128, Document No. 2907575
Subject to a transmission line easement in favor of Northern States Power Company,
Hennepin County Recorder Document 5167087.
Resolution No. 2006-63
September 19, 2006
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