HomeMy WebLinkAbout2022-097 (Written Findings for Denial of an Appeal for a Variance to Exceed the Maximum allowable Garage Area of 1,000 Sq Ft at 7155 Melville Ct N)City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-097
RESOLUTION ADOPTING WRITTEN FINDINGS FOR DENIAL OF AN APPEAL FOR A
VARIANCE TO EXCEED THE MAXIMUM ALLOWABLE GARAGE AREA OF 1,000
SQUARE FEET AT 7155 MELVILLE COURT NORTH, STILLWATER, MINNESOTA
WHEREAS, the City of Stillwater received a Variance request from the Brandon and
Dawn Kotval ("Applicant"), 7155 Melville Court North, legally described on Exhibit A ("the
Property") to allow for the construction of a 960 square foot detached garage; and
WHEREAS, the Applicant has an existing attached garage of 853 square feet; and
WHEREAS, the maximum allowable square feet for an entire garage area on any lot
in the LR — Lakeshore Residential district ("Variance") is 1,000 square feet; and
WHEREAS, the requested Variance is for an additional 813 square feet of garage
area over the 1,000 square feet allowed; and
WHEREAS, the Planning Commission considered the Variance at its May 25, 2022
meeting, held a public hearing, and following the hearing, determined that the Variance
request did not meet the practical difficulties test and voted to deny the Variance (5-0); and
WHEREAS, the Applicant appealed the Planning Commission's denial pursuant to
City Code Section 31-217; and
WHEREAS, the Council held a hearing on June 14, 2022 to consider the Applicant's
appeal of the Variance, and allowed evidence and testimony regarding the Variance; and
WHEREAS, at the conclusion of the hearing, the City Council supported the Planning
Commission's decision to deny the Variance.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater
hereby adopts the following written findings for denial of the 813 square foot Variance request
to exceed the maximum total garage area of 1,000 square feet:
1. The requested Variance was not consistent with all the requirements for
granting a Variance as described in City Code Section 31-208. Specifically,
there are not unique circumstances on the Property. The plight of the Applicant
is due to circumstances created by the Applicant because the Applicant desires
to have more garage area than is allowed by the City Code.
Adopted by the Stillwater City Council this 19th day of July, 2022.
CITY OF STILLWATER
ATT T:
Beth Wolf, City Cler
•
EXHIBIT A
Legal Description of the Applicant's Property
That part of Lot 3, Block 1, Jackson Estates, Washington County, Minnesota, lying
Easterly of the following described line:
Commencing at the most Northerly corner of said Lot 3; thence South 35°00'00" East,
bearing oriented to said plat, along the Northerly line of said Lot 3 a distance of 115.55
feet to the point of beginning of the line to be described; thence South 22°09'59" West
183.72 feet to the Northerly line of Melville Court North, platted as 72nd Street Court
North, and said line there terminate.
Together with a 20.00 foot wide utility easement over, under and across that part of
said Lot 3 lying 10.00 feet each side of the following described line:
Commencing at the most Northerly corner of said Lot 3; thence South 35°00'00" East,
bearing oriented to said plat, along the Northerly line of said Lot 3 a distance of 115.55
feet; thence South 22°09'59" West 156.70 feet to the point of beginning of the center
line to be described; thence South 75°49'05" West 253.28 feet to said Northerly line
of Melville Court North and said center line there terminate.
P I D 33.030.20.43.0014
Abstract Property
A-1