Loading...
HomeMy WebLinkAboutResolution PC2023-01 Denial John Dybvig, City Planning Commission Chair City of Stillwater Washington County, Minnesota RESOLUTION PC2023-16 RESOLUTION ADOPTING WRITTEN FINDINGS FOR DENIAL OF A VARIANCE AT 505 ELM ST W, STILLWATER, MINNESOTA, WASHINGTON COUNTY WHEREAS, the City of Stillwater received a design review application from Wilson Construction Services, LLC (“Applicant”), located at 505 Elm St W, legally described as in Exhibit A (the “Property”), regarding the construction of a new single-family dwelling; and WHEREAS, the Property is located in the RB: Two-Family District; and WHEREAS, the Applicant requested a Variance to garage setback of zero (0) feet from the front of the home where a ten (10) foot setback to the front of the home is required; and WHEREAS, the Applicant requested a Variance to lot coverage of 29% where a maximum of 25% is required; and WHEREAS, the Planning Commission considered the Variance request at its March 29, 2023 meeting, and following review of the proposed, denied the Variance; and WHEREAS, the Planning Commission now adopts this Resolution to support its findings for denial of the Variance. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby adopts the following written findings for denial of the Variance: 1.The requested Variance fails to meet the “practical difficulty test” as required by City Code Section 31-208 and Minnesota Statutes Chapter 462.357. a.The property owner does not propose to use the land in a reasonable manner for a use permitted in the zone where the land is located and simply wants additional size and garage design not currently allowed by City Code. b.The plight of the landowner is not due to circumstances unique to the property and was created by the landowner that created the lot through subdivision. c.The variance, if granted, will alter the essential character of the neighborhood. d.Many of the statements made in support of the Variance by the Applicant were focused on economic considerations alone. Adopted by the Planning Commission this 26th day of April, 2023. CITY OF STILLWATER 2 ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant’s Property Abstract Property Type Parcel ID: 2803020410035 All that part of Lots 5, 6 and 7, Block 28, of the Original Town (now City) of Stillwater, as shown on the perfected plat thereof, recorded as Document No. 416049, Washington County records, lying Westerly of the Westerly line of platted Stimpsons Alley, a .k.a. South Water Street, described as follows, to wit: Beginning at a point in said Westerly line of platted Stimpsons Alley, a.k.a. South Water Street, distant 3.00 feet Southerly, as measured along said Westerly line, from the Northerly line of said Lot 5; thence South 73 degrees 13 minutes 07 seconds West, assumed bearing, (rec. as South 72 degrees 24 minutes 19 seconds West), parallel with said Northerly line of Lot 5, a distance of 50.52 feet; thence North 16 degrees 48 minutes 46 seconds West, (rec. as North 17 degrees 37 minutes 32 seconds West) 1.55 feet; thence South 73 degrees 11 minutes 17 seconds West (rec. as South 72 degrees 22 minutes 28 seconds West) 69.48 feet, more or less, to a point in the Easterly line of platted Main Street, said point being 1.49 feet Southerly, as measured along said Easterly line from the Northwesterly comer of said Lot 5; thence Southerly along said Easterly line of platted Main Street 41.51 feet, more or less, to a point 43.00 feet Southerly, as measured along said Easterly line, from said Northwesterly comer of Lot 5; thence Easterly, parallel with the Northerly line of said Lot 6, a distance of 69.12 feet, more or less, to the Easterly line of said Lot 6; thence Northerly along said Easterly line of Lot 6 a distance of 0.47 feet, more or less, to the Southerly line of the Northerly 17.36 feet of said Lot 7; thence Easterly, along said Southerly line of the Northerly 17.36 feet, a distance of 50.73 feet, more or less, to said Westerly line of platted Stimpsons Alley, a.k.a. South Water Street; thence Northerly, along said Westerly line, 39.55 feet, more or less, to the point of beginning.