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HomeMy WebLinkAboutResolution 2024-52 Approving Variance Heather Meadows 3rdCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-52 Motion By: Vehrenkamp Seconded Bye Lanterman June 21; 2024 A RESOLUTION APPROVING THREE VARIANCES FOR "HEATHER MEADOWS 3RD ADDITION" ON THE PROPERTIES LOCATED NEAR OAKDALE DRIVE AND HEATHER LANE (PID 05-119-23-31-0001; 05-119-23-32-0001; 08-119-23-22-0011) (CITY FILE NO. 24-002) WHEREAS, Mark and Markus Lee ("the applicant") request approval of a preliminary plat for 12 residential lots and 2 outlots on property described as follows: See AttachmentA WHEREAS, the applicant also requests approval of three variances from a setback requirement and underlying open space and preservation plat standards; WHEREAS, the Planning Commission reviewed the request at a duly called Public Hearing and recommended approval, and; NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for three variances subject to the following findings and conditions; 1. The requested variance from Section 940.050, Subd. 1(D)(7) to exempt Lot 1, Block 4 and Lot 1, Block 5 from the 100 buffer requirement along Oakdale Drive is approved based on the following findings: a. That there are practical difficulties in complying with the Subdivision Ordinance. Both lots have existing structures within the required 100' buffer yard. It is reasonable for the existing structures to remain in their current location. b. That the conditions upon which a petition for a variation is based are unique to the parcels of land for which the variance is sought and were not created by the landowners. c. Tin atthe granting ofthe variation will not alter the essential character of the locality. The structures exist today in their current capacity. The visibility of agricultural structures is part of the rural character expected in this area. d. The proposed variance would be in harmony with the general purposes and intent of the ordinance. This standard was adopted to provide screening from denser development within the rural area. There will only be two residential lots visible from Oakdale Drive, and these lots are visible today. The majority of the subdivision will not be visible from Oakdale Drive. e. The variance is consistent with the Comprehensive Plan. The variance does not conflict with the intent for this area to remain rural with natural areas planted fields hobby farms, and large residential lots. Page 1 of 4 City of Corcoran County of Hennepin State of Minnesota f. The City variance. RESOLUTION NO. 2024-52 may impose conditions on the variance to address the June 27, 2024 impact on the i. The applicant must revise the landscaping plan to plant the required buffer on Lot 1, Block and Lot 1, Block 5, where such buffer will not conflict with existing structures. 2. The requested variance from Section 940.050, Subd. 1(E)(4) to allow Lot 1, Block 4 and Lot 1, Block 5 to front a paved street that is not internal to the development is approved based on the following findings a. That there are practical difficulties in complying with the Subdivision Ordinance standard. Both lots have existing direct access to Oakdale Drive. The existing driveways and house locations were constructed based on this access. It is reasonable to request direct access remains. b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not a condition created by the existing landowner. The established access is a pre -exiting condition unique to the site. c. That the granting of the variation will not alter the essential character of the locality. The access on to Oakdale Drive for these lots exists today. d. The proposed variance is in harmony with the general purposes and intent of the ordinance. It is speculated this standard was adopted so that denser development was served by an internal roadway rather than having multiple driveways access a road designed for lots with a minimum requirement of 200' of road frontage to reduce the spacing of driveways. The existing driveway from Lot 1Block 5 is more than 200' away from the western most driveway on Lot 1 , , Block 4. e. The variance is consistent with the Comprehensive Plan as a deviation does not conflict with the goal for this are to remain rural with natural areas, planted fields, hobby farms, and large residential lots. f. The City does not find it necessary to impose conditions on this variance request to address the impact of the variance. 2. The requested variance for flexibility from Section 1030.020, Subd. 3(E)(1)(d) to allow a 91' setback for an agricultural structure is approved based on the following findings: a. That there are practical difficulties in complying with the zoning ordinance. The northern most agricultural structure on the property exists today and is not proposed to be moved. Moving the structure 9' to comply with a 100' setback creates an unnecessary burden on the landowner when the change in setback is the result of additional right-of-way provided to the City for Oakdale Drive. Page 2 of 4 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-52 June 2 7, 2 024 b. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and was not created by the landowner. The pre-existing nature of the structure is unique, and the additional right-of-way requirement is not the fault of the landowner. c. That the granting of the variation will not alter the essential character of the locality. The agricultural structure exists today and is an expected use that fits with the character of the locality. d. The proposed variance is in harmony with the general purposes and intent of the ordinance. It is speculated the large setback was established to provide separation from residential and agricultural uses. A 91' setback is still a large separation to meet the intent of the ordinance. e. The variance is consistent with the Comprehensive Plan as a setback of 91' does not interfere with the desire to encourage rural/agricultural uses in this area. Granting the variance will allow an existing farm to continue operations with minimal disruptions. f. The City may impose conditions on the variance to address the impact on the variance. i. Where it will not create a conflict with the building, the 91' setback should be planted with the required buffer yard required for the open space and preservation plat to provide screening along Oakdale Drive. 3. The applicant is required to record this resolution with the Hennepin County's Recorder's Office and provide proof of recording to the City. [t1;1T/� � McKee, Tom �j Bottema, Jon ® Nichols, Jeremy ® Lanterman, Mark ® Vehrenkamp, Dean VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Lanterman, Mark ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 27t" day of June 2024. ATTEST: Jay Tobi — pity Ac�minis or Tom McKee -Mayor Page 3 of 4 City Seal City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2024-52 ATTACHMENT A June 27, 2024 Outlot A, HEATHER MEADOWS, Hennepin County, Minnesota, according to the recorded plat thereof. AND The East Half of the West Two -Thirds of the Southwest Quarter of Section 5, Township 119, Range 23, Hennepin County, Minnesota, Page 4 of 4