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HomeMy Public PortalAbout2007-009 Resolution Granting Variance Approval for 4565 Pine StreetMember Weir introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2007-09 RESOLUTION GRANTING VARIANCE APPROVAL FOR 4565 PINE STREET WHEREAS, Michael and Kalli Alstrom have requested approval of variances from the required side yard setback and front yard setback within the urban residential zoning district and also from the maximum allowable impervious surface within the shoreland overlay district for an addition onto the home located on property legally described on Exhibit A attached hereto; and WHEREAS, the variance was reviewed by the Planning Commission on January 9, 2007 and the City Council on February 6, 2007 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 which do not apply generally to other properties in the same zone or vicinity; and 2. Literal interpretation of the provisions of the ordinance would deprive the applicants of land use rights commonly enjoyed by other properties in this district; and 3. The location of the home upon the property and the fact that the existing home does not meet the current requirements for front yard setback represent special conditions that do not result from actions of the applicants; and 4. Granting of the variance will not confer on the applicant any special privileges that other owners in this district have not been granted; and 5. The variance requested is the minimum variance that which would alleviate the hardship; and 6. The variance requested will not be materially detrimental to the purpose of the Ordinance or to property in the same zoning district. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that it should and hereby does grant approval of the request by Michael and Kalli Alstrom for variances to reduce the required front yard setback from 30 feet to 25 feet, to reduce the westerly side yard setback from 10 feet to 7.6 feet, and to increase the maximum allowable impervious surfaces on the property within the shoreland overlay district from 25% to 32.6% in order to allow construction an addition to the home and garage at 4565 Pine Street, Hennepin County, Minnesota, subject to the following terms and conditions: Resolution No. 2007-09 February 20, 2007 1. The building addition shall be constructed as indicated on the plans received November 29, 2006, except as may be amended by this resolution; and 2. To mitigate those concerns stated by the Department of Natural Resources memo dated December 1, 2006, the proposed building addition shall not increase storm water run-off from the site. In order to meet this requirement, the applicant shall construct and maintain a rain garden or implement an alternative Best Management Practice. The applicant shall revise the plans to show proposed drainage patterns and storm water management in compliance with this requirement. The storm water management and best management practice plan shall meet the design specifications of the City Engineer and shall be submitted to the engineer for review prior to commencement of any work on the site; and 3. The applicant shall submit updated plans showing 1-foot contours; and 4. All required permits shall be obtained prior to commencement of any work on the site; and 5. All erosion and sediment control measures shall be installed and be inspected and approved by the City prior commencement of any work on the site; and 6. Per Section 825.47 of the Code, the variance is only valid for one year from the date of approval. Dated: February 20, 2007. ATTEST: 1,4 Carolyn A. Smith, Acting Mayor Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Cavanaugh and upon vote being taken thereon, the following voted in favor thereof: Smith, Weir, Cavanaugh, Johnson and the following voted against same: (Absent: Crosby) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2007-09 February 20, 2007 2