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HomeMy Public PortalAbout2011-040 Resolution Approving Variances to Janet White for Property at 4642 Brook St.Member Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2011-40 RESOLUTION APPROVING VARIANCES TO JANET WHITE FOR PROPERTY LOCATED AT 4642 BROOK STREET WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Janet White (the "Applicant'), owns property at 4642 Brook Street which is legally described on Exhibit A, attached hereto (the "Property"); and WHEREAS, the Applicant has requested approval from the City of the following variances from the setback requirements of the City Code in order to build a new home on the Property: (a) Reduce the required setback from the Brook Street right-of-way from 30 feet to 1.5 feet (b) Reduce the required setback from the northern property line from 10 feet to 8.5 feet (c) Reduce the required setback from the eastern property line from 30 feet to 11 feet; and WHEREAS, on April 12, 2011, the Planning Commission held a duly noticed public hearing where testimony was heard from the Applicant, city staff, and other interested parties; and WHEREAS, on May 3, 2011, the City Council reviewed the request, considered the recommendations of the Planning Commission and heard comments from interested parties; and WHEREAS, the City Council has made the following findings of facts with regards to the requested variances: (a) An undue hardship exists as a result of the narrowness of the lot and this circumstance does not apply generally to other property in the same zoning district. (b) The literal interpretation of the setback provisions of the City Code would prevent the Applicant from constructing a single-family home on the subject property, which is a reasonable use and a right commonly enjoyed by other properties in the district. (c) The narrow width of the existing lot does not result from the actions of the Applicant. (d) Granting of the variances does not confer on the Applicant any special privileges that are denied to owners of other property in the same district. Resolution No. 2011-40 May 17, 2011 (e) The variances requested are the minimum which would alleviate the hardship. (f) The variances are not detrimental to the purposes of the zoning ordinances or to property in the same zone, especially because the property is located on a dead end street with little traffic. (g) The construction allowed by the variances is not inconsistent with the comprehensive plan and will not alter the essential character of the area NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby grants approval of the variances referenced above, subject to the following terms and conditions: 1) The Applicant shall construct the new home and grade the lot in substantial conformance with the plans received by the City on March 22, 2011, except as amended herein. 2) The Applicant shall submit an as -built grading survey prior to issuance of a certificate of occupancy for the new home to verify that improvements where installed as approved. 3) The Applicant shall install rain gutters or alternative measures to direct run-off from the roof to a location which minimizes potential impacts to adjacent property owners. 4) The Applicant shall construct the driveway within the lot of permeable or porous materials, the design of which shall be approved by the City Engineer. 5) The Applicant shall abide by the City's tree preservation ordinance, to be reviewed at the time of building permit. 6) The Applicant acknowledges that the City shall not be liable for damage to any vehicle parked in the driveway which is partially or wholly within the public right-of-way if snow plowed from Brook Street should come into contact with the vehicle. 7) The Applicant shall commence construction within one year of the approval of this variance, or else approval of the variance shall be considered null and void. 8) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the request. Resolution No. 2011-40 2 May 17, 2011 I Dated: May 17, 2011. By: Attest: Chad M. Adams, City Administrator -Clerk T. M. Crosby, Jr. yor The motion for the adoption of the foregoing resolution was duly seconded by member Siitari and upon vote being taken thereon, the following voted in favor thereof: Crosby, Martinson, Pederson, Siitari And the following voted against same: (Absent: Weir) ' Whereupon said resolution was declared duly passed and adopted. Resolution No. 2011-40 3 May 17, 2011 Exhibit A Legal Description of the Property LEGAL DESCRIPTION: ( w, R, Doc, No. 6947368) That part of Lot 1 and the West 40 feet of Lot 2 and the West 40 feet of Lot 19, all in Block 26 Independence Beach, described as follows: Commencing at the Southwest corner of the said tract which is the Southwest comer of said Lot 1; thence Southeasterly along the Northerly line of Main Street, a distance of 140 feet, more or less to the Southeast comer of said tract; thence North parallel to the East line of said Lot 1, a distance of 54.33 feet; thence Northwesterly to a point on the West line of said Lot 1; which paint is 40 feet Southwesterly from the NorthweslerPy corner of said Lot 1 thence Southwesterly 55 feet to the point of bear.n ng, according to the recorded plat thereof on file and of record in the office of the County Recorder.. Hennepin County, Minnesota. Resolution No. 2011-40 4 May 17, 2011