HomeMy WebLinkAbout20-070 - ADMIN Resolution - City Council - 2020/04/06 (2)Resolution No. 20-070
Resolution approving variance to allow an
Accessory structure in the side yard
4000 25th Street West
Whereas, Toni Dachis, owner of land proposed to be platted as Cedarwood Dachis
Addition submitted an application for approval of a variance to allow the existing pool house to
remain in the side yard; and
Whereas, the proposed property is situated upon lands in Hennepin County, Minnesota,
legally described as Lot 1, Block 1, Cedarwood; and
Whereas, the pool house was constructed in 2002 in the rear yard as required by city
code. The current location, however, will become the side yard upon approval of the
Cedarwood Dachis Addition plat; and
Whereas, The city council reviewed the application for variance Case No. 19-40-VAR on
April 6, 2020.
Whereas, Based on the testimony, evidence presented, and files and records, the city
council determined that the requested variance meets the requirements of Section 36-34(a)(2)
of the zoning ordinance necessary to be met to grant variances, and makes the following
findings:
a. The pool house has was constructed in 2002, and has been utilized in this
location since then without any known problems or complaints. The reorientation of the
yards resulting from the subdivision will not alter the physical location of the pool
house, and will not increase its impact on adjacent properties.
b. The request is in harmony with the general purposes and intent of the Zoning
Ordinance. When the pool house was constructed in 2002, it met code by being located
in the rear yard. While the subdivision is reorienting the yards, the pool house is still
located behind the house when considering the physical layout of the house.
c. The request is consistent with the comprehensive plan. The property is being
utilized for single-family residential, which is consistent with the RL-low density
residential designation.
e. The contents of the Board of Zoning Appeals Case File 19-40-VAR are hereby
entered into and made part of the public hearing record and the record of decision for
this case.
Now therefore be it resolved that the requested variance to allow the existing pool
house to remain in the side yard of the property located at Lot 1, Block 1, Cedarwood Dachis
Addition is hereby approved with the following conditions:
1. The pool house shall be maintained in accordance to the following exhibits:
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Resolution No. 20-070 2
a. Exhibit A – Survey showing location of the pool house.
2. The pool house may not be expanded or added onto unless this variance is amended to
reflect the proposed change.
3. The variance is automatically revoked and canceled if construction of the proposed
garage is not substantially completed within two years as outlined in city code section
36-38(a)(9).
4. The developer or owner shall pay an administrative fee of $750 per violation of any
condition of this approval.
It is further resolved The City Clerk is hereby directed to supply two certified copies of this
Resolution to the above-named owner, who is the applicant herein.
The Mayor and City Manager are hereby authorized to execute all contracts required herein,
and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City
Council upon the said plat when all of the conditions set forth have been fulfilled.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for administration: Adopted by the City Council April 6, 2020
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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