HomeMy WebLinkAbout2022-064 (Memorialize the Findings of Fact and Conclusions of Law for Denying the Appeal and Upholding the Decision of the Planning Commission Regarding the Variance Granted to the Property Located at 516 Myrtle Street, Stillwater)City of Stillwater
Washington County, Minnesota
RESOLUTION NO. 2022-064
A RESOLUTION AUTHORIZING THE CITY OF STILLWATER
TO MEMORIALIZE THE FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR
DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING
COMMISSION REGARDING THE VARIANCE GRANTED TO THE PROPERTY
LOCATED AT 516 MYRTLE STREET, STILLWATER, MINNESOTA
WHEREAS, Steven Thron and Lynn Thron ("Owner") are the owners of certain
real property located at 516 Myrtle Street, Stillwater, Minnesota and legally described on
the attached Exhibit A, (the "Property").
WHEREAS, Michael Koch of PMI Homes, Inc., as the applicant for the Owner,
submitted a variance request to the City of Stillwater's Planning Commission to the rear
yard setback requirements associated with a proposed resubdivision of the Property;
WHEREAS, a hearing was held on March 23, 2022, before the Planning
Commission during which the Commission voted 5-1 to approve the variance;
WHEREAS, resident Patrick Kelly who resides at 604 Myrtle Street ("Appellant")
appealed the decision of the Planning Commission by filing an appeal within the
appropriate time frame;
WHEREAS, a hearing was held on April 19, 2022, before the City Council during
which the Council upheld the decision of the Planning Commission;
WHEREAS, at the April 19, 2022 hearing, the Appellant and the City each had an
opportunity to be heard, and the Council considered the record made by the Planning
Commission.
NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater
makes the following Findings of Fact and Conclusions of Law to support such decision:
FINDINGS OF FACT & CONCLUSIONS OF LAW
1 The Council heard testimony from, and considered the documents
submitted by, the Appellant and was not persuaded by the Appellant's
arguments that the variance should be denied.
2. Because the variance request meets the applicable criteria in Minn. Stat.
§462.357 subd. 6, the Appellant's appeal is denied.
3. Because the variance request meets the applicable criteria in Minn. Stat.
§462.357 subd. 6, the variance is granted.
Be it further resolved that the determination of the Planning Commission is hereby
upheld.
Adopted by the Stillwater City Council this 3rd day of May, 2022.
ATTEST:
Beth Wolf, City
CITY OF STILLWATER
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Ted Kozlowski, Mayor
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EXHIBIT A
Real property located in the City of Stillwater, Washington County, Minnesota, legally
described as:
Beginning at a point in the West line of Harriet Street, as the same is laid
out and established in said City of Stillwater, where the North line of the
S1/2 of the NE1/4 of the SW1/4 of said Section 28 intersects the same; and
running thence South along the West line of said Harriet Street 237.35 feet,
more or less, to the North line of Myrtle Street, as the same is laid out and
established in said City of Stillwater; thence West along the North line of
said Myrtle Street 251.95 feet to the East line of Martha Street, as the same
is laid out and established in said City of Stillwater; thence North along the
East line of said Martha Street 236.37 feet, more or less, to a point where
the North line of the S1/2 of the NE1/4 of the SW1/4 of said Section 28
intersects said East line; and thence East along said last mentioned North
line 251.85 feet more or Tess, to the place of beginning; excepting therefrom
the following:
Beginning at the intersection of the North line of Myrtle Street as the same
are laid out and established, thence Northerly along the West line of said
Harriet Street as laid out and established; a distance of 215.15 feet; thence
Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the
North line of Myrtle Street as laid out and established; thence Southerly
parallel with said West line of said Harriet Street a distance of 214.57 feet
to the North line of said Myrtle Street; thence Easterly along said North line
of Myrtle Street as laid out and established a distance of 117.60 feet to the
point of beginning and there terminating.
Together with a non-exclusive easement for ingress and egress over and
across all that part of the S1/2 of the NE1/4 of the SW1/4 of Section 28,
Township 30, Range 20, described as follow, to -wit: Beginning at a point in
the west line of Harriet Street in the City of Stillwater where the north line of
the S1/2 of the NE1/4 of the SW1/4 of said Section 28 intersects the same;
thence southerly along the west line of said Harriet Street a distance of 22.2
feet; thence west parallel with the north line of said S1/2 of the NE1/4 of the
SW1/4 of said Section 28 for a distance of 75 feet; thence North 22.2 feet
to the north line of the S1/2 of the NE1/4 of the SW1/4 of said Section 28;
thence easterly along the north line of said S1/2 of NE1/4 of SW1/4 of said
Section 28 to the point of beginning.
P I D: 28.030.20.31.0006
Abstract Property
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