HomeMy Public PortalAbout2009-073 Resolution Denying Request by Joseph Kucala for Waiver of Sec 400 of City Code 4517 Trillium Dr SouthMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2009-73
RESOLUTION DENYING A REQUEST BY JOSEPH KUCALA
FOR A WAIVER FROM THE REQUIREMENTS OF SECTION 400 OF
THE CITY CODE FOR PROPERTY LOCATED AT 4517 TRILLIUM DRIVE SOUTH
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Joseph Kucala (the "Applicant") and Lisa Kucala are the owners of
property located at 4517 Trillium Drive South, legally described as Lot 7, Block 4, Bridgewater
at Lake Medina, in Hennepin County, Minnesota (the "Property"); and
WHEREAS, Section 400.11(i) of the city code requires that a driveway approach in the
Planned Unit Development -Single Family Residential Zoning District does not exceed 24 feet in
width when measured at the curb and 28 feet in width when measured at the property line; and
WHEREAS, the Applicant has applied to the City for approval of a waiver from the
maximum driveway approach width requirements of Section 400 of the city code in order to
allow construction of a driveway approach with a width of 30 feet; and
WHEREAS, on September 1, 2009 and November 17, 2009, the city council reviewed
the request of the Applicant and heard comments from interested parties; and
WHEREAS, the city council has made the following findings with regard to the public
welfare and the objectives of Section 400:
(1)
No unique or extraordinanry circumstances apply to the Property that do not apply
broadly to other parcels in the city;
(2) Granting of the waiver would confer upon the Applicant privileges that would be
denied to owners of other lands in the same district; and
(3) Granting of the waiver would be detrimental to the application of driveway
approach regulations to other parcels in the city.
Resolution No. 2009-73
December 1, 2009
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MEDINA, MINNESOTA, that the Applicant's request for a waiver from the
requirements of Section 400 is denied.
Dated: December 1, 2009
l
T. M. Crosby, Jr., Mayor
Attest:
Chad M. Adams, City Administrator -Clerk
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:
Weir, Smith, Crosby, Siitari
And the following voted against same: (Absent: Johnson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2009-73 2
December 1, 2009