HomeMy Public PortalAbout2008-075 Resolution Granting Approval of Waiver to Setback Requir. of Driveway Ord. at 2325 Pioneer TrailMember Cavanaugh introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2008-75
RESOLUTION GRANTING APPROVAL OF A
WAIVER TO THE SETBACK REQUIREMENTS OF THE DRIVEWAY ORDINANCE
FOR THE CONSTRUCTION OF A DRIVEWAY AT 2325 PIONEER TRAIL
WHEREAS, the City of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Eugenia Ratte (the "Applicant") is owner of property located 2325 Pioneer
Trail in Hennepin County, Minnesota (the "Property"), legally described in Exhibit A, attached
hereto; and
WHEREAS, Section 400.11 of the City Code requires that driveways be located a
minimum of 10 feet from the side property line; and
WHEREAS, Section 400.15 of the City Code allows the city council to grant a waiver
from any requirement of the driveway ordinance if it determines that such requirement is not
necessary for the protection of public health, safety or welfare; and
WHEREAS, the Applicant has requested a waiver from the 10-foot setback requirement
of the driveway ordinance for an approximate 247 foot portion of a driveway in order to limit
impacts on wetlands adjacent to the driveway; and
WHEREAS, the City Council reviewed the request on October 21, 2008 and heard
comments from the Applicant and other interested parties; and
WHEREAS, the impacts on neighboring property is limited because the property
adjacent to the portion of the driveway for which the waiver is requested is predominantly
wetland; and
WHEREAS, the City Council has determined that the 10-foot setback is not necessary in
this instance for the protection of public health, safety, or welfare.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Medina,
Minnesota that it should, and hereby does waive the requirement that a portion of the driveway at
2325 Pioneer Trail be located a minimum of 10 feet from the south property line, subject to the
following conditions:
Resolution 2008-75
November 5, 2008
1) The required driveway setback from the southern property line on the Property shall be
reduced to zero for a distance of approximately 247 feet west of the eastern property line.
All requirements of the driveway ordinance shall otherwise remain in effect;
2) The driveway shall be constructed as identified on plans received by the City on October
9, 2008, except as modified herein;
3) The driveway shall be constructed 20 feet in width where possible without impacting
wetlands;
4) All construction activity shall be fully contained on the Property and/or within any
easement to which the Applicant has legal access;
5) No wetland impacts are permitted;
6) The Applicant shall obtain necessary permits prior to construction of the driveway;
7) The Applicant shall abide by the recommendations of the City Engineer's memo dated
October 3, 2008;
8) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the costs
accrued in reviewing this waiver request.
Dated: November 5, 2008
Attest:
6, 14 4 -4„..,, _
Chad M. Adams, City Administrator -Clerk
T.M. Crosby, Jr., Mayo2
fi
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:
Cavanaugh, Smith, Weir, Johnson, Crosby
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution 2008-75 2
November 5, 2008
Exhibit A_
Legal Description of Subject Property
Resolution 2008-75 3
November 5, 2008