HomeMy Public PortalAbout2012-12 Resolution Approving Setback Variance to Sarah Borchers & Brian Kingsley at 1512 TamarackDrMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2012-12
RESOLUTION APPROVING A SETBACK VARIANCE TO
SARAH BORCHERS & BRIAN KINGSLEY FOR A POOL TO BE
CONSTRUCTED AT 1512 TAMARACK DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Brian Kingsley and Sarah Borchers (the "Applicants"), own property at 1512
Tamarack Drive which is legally described as Lot 5, Block 1, OLDWOODS FARM, HENNEPIN
COUNTY, MINNESOTA (the "Property"); and
WHEREAS, the Applicants have requested approval from the City of a variance from
the setback requirements of the City Code in order to rebuild a new in -ground swimming pool on
their Property and reduce the required yard setback from the south property line from 50 feet to
30 feet.
WHEREAS, the existing in -ground swimming pool is located 20 feet from the south
property line and the proposed new swimming pool would increase this yard setback; and
WHEREAS, on December 13, 2011, the Planning Commission held a duly noticed
public hearing where testimony was heard from the Applicants, city staff, and other interested
parties; and
WHEREAS, on January 17, 2012, 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) The location of the existing pool and its ancillary features, including the gazebo/changing
room, pool pumps, filter, underground gas and electric lines, as well as the location of the
100-year old oak tree on the property create a practical difficulty unique to the property
and which does not apply generally to other property in the same zoning district.
(b) An accessory swimming pool is a reasonable use commonly enjoyed by other properties
in the district.
(c) The practical difficulties noted above were not created by the actions of the applicants.
Resolution No. 2012-12
February 21, 2012
(d) The granting of the variance does not confer on the applicants any special privileges that
are denied to owners of other property in the same district.
(e) The variance requested is the minimum which would alleviate the hardship.
(f) The variance is not detrimental to the purposes of the zoning ordinances or to property in
the same zone, 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 variance referenced above, subject to the following terms and
conditions:
1) The drip line of the 100 year old oak tree shall be protected prior to the start of
excavation of the pool.
2) The Applicants shall commence construction within one year of the approval of this
variance, or else approval of the variance shall be considered null and void.
3) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City
for the cost of reviewing the request.
Dated: February 21, 2012.
Attest:
By:
Scott Johnson, City Administrator -Clerk
T. M. Crosby, J.., Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member Pederson
and upon vote being taken thereon, the following voted in favor thereof:
Crosby, Pederson, Siitari, Weir
And the following voted against same: (Absent: Martinson)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2012-12 2
February 21, 2012