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HomeMy WebLinkAboutResolution 2020-45 Approval of After the Fact VarianceCity of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2020-45 Motion By: S%a Ufi Seconded By: Bottema June 25, 2020 APPROVAL OF AN AFTER -THE -FACT VARIANCE FOR THE EXISTING ACCESSORY BUILDING AND CONDITIONAL USE PERMIT FOR THE ACCESSORY BUILDING ADDITION (PID OZ-119-23-23-0004) (CITY FILE NO. 20-019) WHEREAS, Thomas Spanier is requesting approval of an after -the -fact variance for an existing accessory building and a conditional use permit to allow for the construction of an accessory building addition on property legally described as follows: Lot 3, Block 1, JUDY ANNS COUNTRY ACRES WHEREAS, the Planning Commission has reviewed the variance and conditional use permit at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the request for a variance and conditional use permit approval, subject to the following findings and conditions: 1. Approval is granted to allow for the construction of a building addition as shown on application and plans received by the City on April 28, 2020 except as an by this resolution. 2. An after -the -fact variance to allow for a 14.9400t side yard setback where 20 feet is required, is approved subject to the following findings: a. There are practical difficulties for the applicant in complying with the Zoning Ordinance. The applicant intended to comply with City standards to meet the setback requirements according to building plans and City records. There is nothing to indicate that either the City or the applicant were aware of the error at thin time of construction. The building has been constructed for more than 20 years and no records of complaint are on file with the City. It is not practical for the applicant to move the accessory structure 5.1 feet to the south and meeting the standard would not enhance the appearance of the building and would not enhance the health safety and welfare of the general public. b. The conditions upon which the variance request is based are unique to this parcel due to the error during construction. The City and the landowner had no reason to believe that the structure was not built according to plans. c. The accessory building will not alter the essential character of the locality. The existing accessory building is consistent with other uses in the area. d. The accessory building is in harmony with the general purposes and intent of the Ordinance and the standards for the RR District other than the reduced setback. City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 202U-45 June 25, 2020 e. The accessory structure was constructed too close to the lot line, but is otherwise consistent with the Comprehensive Plan. The variance is consistent with the rural nature of the zoning district. 3. A conditional use permit is approved to allow for an accessory building addition with 16 - foot 4-inch sidewall height where 10 feet is allowed, subject to the following findings: a. The proposed addition complies with the goals of the Comprehensive Plan. The project provides a unified look with the neighboring buildings. b. The establishment of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort of the community. The increased sidewall height will allow for storage of the applicant's fifth wheel motor home and provide a unified look that is consistent with the RR District. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The increased sidewall height is less than the principal structure and similar in nature to other accessory buildings on neighboring properties. Landscape screening will be provided to reduce the impact of the increase side wall height. d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The increased height will have no adverse impact on surrounding development or improvement of surrounding properties. e. Adequate public facilities and services are available or can be reasonably provided fio accommodate the proposed use. The increased sidewall height of the building addition will have no impact on public facilities and services. f. The conditional use conforms to then pplicable regulations of the Rural Residential District. g. The conditional use and site conforms to performance standards as specified by this Chapter. Sfiaff has analyzed the performance standards of this Chapter and finds that the building addition conforms to other standards specified in the Zoning Code. 4. A certificafie of compliance to allow metal roof and siding on this accessory building addition is also approved as part of the CUP. 5. A building permit is required prior to beginning construction. 6. Prior to issuance of building permits, the applicant/landowner must record the approving resolution at Hennepin County and provide proof of recording to the City. 7. Prior to release of any remaining escrow, the landscaping as shown on the landscape plan received November 17, 2015 shall be installed. Page 2 of 3 City of Corcoran County of Hennepin State of Minnesota 8. Approval shall commences the RESOLUTION NO. 2020-45 expire within one year of the date of approvGI authorized use and the required improvements. VOTING AYE ® Thomas, Ron ® Bottema, Jon ® Dejewski, Brian ® Anderson, Thomas ® Schultz, Alan June 25, 2020 I unless the applicant VOTING NAY ❑ Thomas, Ron ❑ Bottema, Jon ❑ Dejewski, Brian ❑ Anderson, Thomas ❑ Schultz, Alan Whereupon, said Resolution is hereby declared adopted on this 25rd day of June 2020. Ron Thomas -Mayor ATTEST: City Seal Jessica Beise —City Clerk/ Administrative Services Coordinator Page3of3