HomeMy WebLinkAboutResolution 2022-79 Approving Ditzer VarianceCity of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION INU. 2022-79
Motion By: Nichols
Seconded By: Vehrenkamp
June 23) 2022
A RESOLUTION APPROVING A VARIANCE FOR AN ACCESSORY STRUCTURE
ENCROACHING WITHIN THE SIDE YARD SETBACK AT 9320 CHERRY LANE
(PID 12-119-23-43-0013) (CITY FILE NO. 22-020)
WHEREAS, Benjamin Ditzer ("the applicant") reques
accessory structure to encroach within the required side
follows:
See Attachment A
ted approval of a variance to allow an
yard setback on property described as
WHEREAS, the Planning Commission reviewed the variance request at a duly called Public Meeting
and recommends approval of the variance, and,
NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for a
variance subject to the following findings and conditions:
1. The applicant requested a variance for an accessory structure to encroach 18.2 feet into
the side yard setback and 8.2 feet into the Citys Drainage and Utility easement as
shown on the application materials received on March 10, 2022 and May 16, 2022.
2. The City Council finds the variance standards are met for the variance as requested,
based On the following findings:
a. There are practical difficulties in complying with the Zoning Ordinance that makes
relocation of the accessory structure to meet the 20-foot side yard setback
unreasonable. It does not appear that the request for the variance is primarily
economic based on the landowner's desire to avoid relocation costs.
b. The conditions upon which the variance is requested are unique to the parcel
and are not caused by the landowner. There are several existing physical
conditions to justify why the accessory structure cannot be relocated. The lot has
an odd shape, there is a prevalence of forest and wetlands on the property, and
the existing location of the home and driveway hinders the viability of an
alternative location. The accessory structure was constructed by a previous
landowner and not the existing landowner requesting the variance.
c. Granting the variance will not alter the essential character of the locality. The
structure is rural in nature and is not visible to the surrounding properties and
neighborhood.
d. The variance is in harmony with the general purposes and intent of the
Ordinance. Granting the variance would not increase the structure density in the
immediate area nor would it increase the proximity to neighboring structures,
including homes. Granting the variance will not reduce visibility in the area, and
the impact to the drainage and utility easement can be mitigated. The variance is
Page 1 of 3
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2022-79
June 23, 2022
in harmony with the Zoning Ordinance's general purpose to conserve the natural,
scenic beauty, rural character, and attractiveness of the Corcoran countryside.
e. The variance to allow the accessory structure is consistent with the
Comprehensive Plan. Granting the variance aligns with the guiding principle of
the 2040 Comprehensive Plan to protect the rural environment and rural
character of Corcoran that define Corcoran's quality of life. The property is
guided as "Existing Residential" in the 2040 Comprehensive Plan which accounts
for existing residential development at very low densities. Granting the variance
will not interfere the density requirements of the area.
f. The City identifies the following condition of approval to address the impact of the
variance.
i. The applicant must enter into an encroachment agreement with the City
for the structure to remain within the drainage and utility easement. The
O
agreement will specifically state that the City may remove the structure if
needed for the purposes of the drainage and utility easement with no
reimbursement to the landowner, and the landowner is responsible for
any relocation costs of the structure.
3. The approving resolution must be filed at Hennepin County prior to release of the
applicant's escrow account with the City.
VOTING AYE
® McKee, Tom
❑ Bottema, Jon
® Nichols, Jeremy
❑ Schultz, Alan
® Vehrenkamp, Dean
VOTING NAY
❑ McKee, Tom
® Bottema, Jon
❑ Nichols, Jeremy
Schultz, Alan, Jere ❑ my
❑ Vehrenkamp, Dean
Whereupon, said Resolution is hereby declared adopted on this 23rd day of June, 2022.
aTT�CT•
Tom McKee - Mayor
Page 2 of 3
City Seal
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION 114U. 2022-79
ATTACHMENT A
Lot 5, Block 3, Brandywine Addition,
According to the recorded plat thereof,
And situate in Hennepin County, Minnesota.
Page3of3
June 23, 2022