HomeMy Public PortalAbout2009-007 Resolution Granting Front Yard Setback Variance to Michael Anderson 995 Medina RdMember Smith introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2009-07
RESOLUTION GRANTING FRONT YARD SETBACK VARIANCE
TO MICHAEL ANDERSON FOR PROPERTY
LOCATED AT 995 MEDINA ROAD
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Michael Anderson and Carolyn Anderson, husband and wife, (the "Owners")
are the owners of property located at 995 Medina Road in Hennepin County, Minnesota (the
"Property"), legally described in Exhibit A; and
WHEREAS, the Owners have requested approval from the City of a variance to reduce the
required front setback for the existing home on the Property to 41 feet rather than the 50 feet
required by Section 826.25 of the City Code; and
WHEREAS, the Owners have concurrently requested preliminary plat approval to
rearrange the common lot line between the Property and a neighboring parcel; and
WHEREAS, the Planning Commission held a duly called public hearing on December 8,
2008, where testimony was heard from the Owners, city staff, and other interested parties; and
WHEREAS, the Planning Commission recommended approval of the variance, subject to
certain terms and conditions; and
WHEREAS, the City Council reviewed the application for conformance with city
ordinances on January 6, 2009, considered the recommendations of the Planning Commission and
heard comments from the Owner and other interested parties; and
WHEREAS, the City Council made the following findings with regard to the requested
variance:
(a) The existing house was built in the 1950's, and likely met setback requirements at that
time because right-of-way had not been dedicated for Medina Road;
(b) The existing house is non -conforming as it exists today, and the location of where
Medina Road was constructed established where the front lot line is located;
(c) The existing home was constructed prior to the establishment of the front lot line in its
present location;
Resolution No. 2009-07
January 20, 2009
(d) The variance does not allow new construction or expansion which would be denied
owners of other lands in the same district;
(e) The Owners are not proposing to decrease the front setback and the City intends to
require a condition that limits any future additional structure from being constructed in
a way which does not meet setbacks;
(f) The variance is limited and does not allow expansion of the already existing non-
conformity, and granting it would not be materially detrimental to the zoning
ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MEDINA, MINNESOTA, that it should and hereby does approve a variance to
reduce the front yard setback requirements from 50 feet to 41 feet, subject to the following
conditions:
1. The variance to the required front yard setback shall only be valid for the portion of the
house currently located less than 50 feet from the front lot line, as represented on the
preliminary plat received by the City on December 4, 2008;
2. Any future construction or expansion shall abide by all then -current ordinance requirements,
including front yard setback regulations; and
3. The Owners shall pay to the City a fee in an amount sufficient to reimburse the City for the
cost of reviewing the application and related documents.
Dated: January 20, 2009
T.M. Crosby, Jr., Mayor7
ATTEST: ;11
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Weir and
upon vote being taken thereon, the following voted in favor thereof:
Smith, Weir, Crosby, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-07 2
January 20, 2009
EXHIBIT A
Legal Descriptions of the Property
That part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 118 North,
Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Northwest
dxxner of said Southeast Quarter of the Southeast Quarter, thence on an assumed bearing of
South 0 degrees 06 minutes East along the West line of said Southeast Quarter of the Southeast
Quarter a distance of 198.68 feet to the Southeasterty km of Medina Road (as currently
occupied), and the point of beginning of the land to be described; thence Northeasterty 189.25
feet along a non -tangential cove concave to the Northwest having a radius of 1786.00 feet and
central angie of 6 degrees 04 rnirnutes 16 seconds, the chord of said curve basis North 50
degrees 06 minutes 48 seconds East for 189.16 feet, said curve also being the Southeasterty line
of said Medina Road; thence North 47 degrees 04 minutes 40 team& East tangent to said curve
and continuing along the Souhheaty line of said Medina Road a distance of 30.75 feet; thence
South 42 degrees 55 minutes 20 seconds East 150.00 feat thence South 47 degrees 04 minutes
40 seconds West 387.94 feet to said West line of the Southeast Quarter of the Southeast
Quarter; thence North 0 degrees 06 minutes West along said West line to the point of beginning,
Resolution No. 2009-07 3
January 20, 2009