HomeMy WebLinkAboutCPC Resolution 2021-01 (Denial Resolution - Setback Variance CPC 2020-54)
RESOLUTION NO. CPC 2021-01
CITY OF STILLWATER
PLANNING COMMISSION
RESOLUTION ADOPTING WRITTEN STATEMENT OF REASONS FOR
DENIAL PURSUANT TO MINNESOTA STATUTES, § 15.99, SUBD. 2, FOR A
RIGHT-OF-WAY SETBACK VARIANCE APPLICATION TO FOR THE
PROPERTY LOCATED AT 12950 75TH STREET NORTH
CPC CASE NO. 2020-54
WHEREAS, the City of Stillwater received a request from the Applicant Jon and
Ann Whitcomb a 20’ variance to the 100’ right-of-way setback from 75th Street right-of-
way to allow for the future construction of a home at 12950 75th Street North (PID
3003020140012), legally described as follows:
The south 1373.77 feet of the East Half of the East Half of the Northeast Quarter of
Section 30, Township 30, Range 20, Washington County, Minnesota; excepting
therefrom the north 58.61 feet of the west 268.95 feet of the south 1373.77 feet thereof;
also excepting therefrom the west 80.00 feet of the south 720.00 feet thereof; also
excepting therefrom the east 245.00 feet thereof; and also excepting therefrom all that
part which lies southerly of "line 3" as described as follows:
"Line 3" is 75.00 feet northerly of and parallel with the following described centerline:
Commencing at the Southwest corner of said Northeast Quarter; thence North 01°04'48"
West, assumed bearing, along the north-south quarter line of said Section 30 a distance of
38.03 feet to the beginning of said centerline; thence North 81°50'36" East, a distance of
1,395.68 feet; thence Easterly a distance of 1,279.97 feet along a tangential curve
concave to the South, having a radius of 5,729.58 feet and a central angle of 12°47'59"
and a chord bearing of North 88°14'36" East to a point on the East line of said Section 30,
said point being 262.54 feet Northerly of the east quarter corner of said Section 30, and
said centerline terminating at said point
WHEREAS, City Code Section 31-302 allows for the construction of new
structures to be setback 100’ from the right-of-way; and
WHEREAS, the Applicant had a future structure to be located 80’ from the right-
of-way; and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicants’ Application at their regular
meeting on November 19, 2020; and
WHEREAS, at the November 19, 2020, Planning Commission meeting, a motion
was made by Chair Lauer and seconded by Commissioner Dyvbig to deny the right-of-
way setback variance request. The Commission voted 6 in favor, with none opposing,
and the motion passed; and
WHEREAS, the Minnesota Statutes, § 15.99, Subd. 2(c), provides that “[i]f a
multimember governing body denies a request, it must state the reasons for denial on the
record and provide the applicant in writing a statement of the reasons for the denial. If the
written statement is not adopted at the same time as the denial, it must be adopted at the
next meeting following the denial of the request but before the expiration of the time
allowed for making a decision under this section. The written statement must be consistent
with the reasons stated in the record at the time of the denial. The written statement must
be provided to the applicant upon adoption.”
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Stillwater hereby adopts the following written statement of the reasons for denial
stated on the record at the November 19, 2020, regular Planning Commission meeting by
Commissioners voting to deny the 20’ right-of-way setback variance:
1. The requested Variance was not consistent with all the standards for granting
a Variance as described in Section 31-208. More specifically, the Planning
Commission members voting against the requested Variance stated on the
record at the November 19, 2020, regular Planning Commission meeting that
the request was not justified for the following reasons:
a. The owner had not provided evidence practical difficulty had been
established; and
b. The reason for the request was solely economic.
Adopted by the Planning Commission of the City of Stillwater this 27th day of January,
2021.
____________________________
Chris Lauer, Chair
Attest:
____________________________
Abbi Jo Wittman, City Planner