HomeMy WebLinkAbout6.i. Findings of Fact for Kulhanek Variance DenialCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: March 20, 2001
AGENDA ITEM: Findings of Fact for Kulhanek Variance
AGENDA SECTION:
Denial
Consent
0
PREPARED BY: Rick Pearson, City Planner
AGENDA NO."' - - - -� #6
ATTACHMENTS: Draft Findings of Fact
APPROVED BY: I — - 14 1
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Attached are the Findings of Fact overturning the variances granted for 12355 Blanca Avenue.
RECOMMENDED ACTION:
Motion to adopt A Resolution Overturning Variances Granted by the Board of Appeals and Adjustments and
Stipulating a Condition to Uphold a Variance for 12355 Blanca Avenue Based on Findings of Fact.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2001-
A RESOLUTION OVERTURNING VARIANCES GRANTED
BY THE BOARD OF APPEALS AND ADJUSTMENTS
AND STIPULATING A CONDITION TO UPHOLD
A VARIANCE FOR 12355 BLANCA AVENUE
BASED ON FINDINGS OF FACT
WHEREAS, the Community Development Department received an application for a variance to
lot dimensional standards on November 22, 2000; and,
WHEREAS, the Planning Commission acting as the Board of Appeals & Adjustments
conducted a public hearing as required by the zoning ordinance on December 12, 2001; and
WHEREAS, the Board of Appeals & Adjustments granted variances for lot area, and
structure front and side yard setbacks; and
WHERAS, the City Council received a letter of appeal on January 2, 2001 from three
neighboring property owners; and,
WHERAS, the City Council conducted a public hearing as required by the zoning ordinance on
March 6, 2001.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
overturns the Board of Appeals variances for accessory structure front and side yard setbacks and
further stipulates a condition of the lot area variance on appeal based upon findings of fact:
FINDINGS OF FACT
1. The variances for accessory structure front and side yard setbacks will result in the
placement of fill in a wetland identified in the City's Comprehensive Wetland
Management Plan.
2. Upon further examination by the City's Wetland Resources Engineer, the above-
mentioned wetland fill will result in the inundation by storm water or snow melt of a
portion of the designated septic system location.
3. The Property Owner has failed to demonstrate that placing fill in the wetland will not
flood nearby houses or septic systems.
4. The Property Owner has not demonstrated that the septic system location can be
reconfigured as a result of the potential for storm water or snowmelt inundation.
5. The Property Owner shall provide evidence of a surface storm water outlet from the
wetland approved by the City Engineer prior to issuance of a building permit for the
principal structure.
Resolution 2001-
ADOPTED this 20' day of March, 2001, by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:_
Member absent:
Seconded by: