HomeMy WebLinkAboutResolution PC2023-30 RESOLUTION APPROVING A VARIANCE REQUEST TO CONSTRUCT A NEW SINGLE FAMILY DWELLINGCity of Stillwater
Washington County, Minnesota
RESOLUTION PC 2023-30
RESOLUTION APPROVING A VARIANCE REQUEST TO CONSTRUCT A NEW
SINGLE-FAMILY DWELLING ON A STEEP SLOPE GREATER THAN 24% AT 916
FIRST STREET NORTH (CASE NUMBER: 2023-59)
WHEREAS, the City of Stillwater received a Variance request from Jody and
Jim Herzog ("Applicant's"), for property located 916 1st Street North, legally
described as in Exhibit A (the "Property"), regarding the construction of a new single
family located in the RB (Two-family) Zoning District;
WHEREAS, the City Code requires structures may not be located on slopes
greater than 24%; and
WHEREAS, the Planning Commission considered the Variance at its
December 20, 2023 meeting, held a public hearing and took testimony from the
public.
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Stillwater hereby approves the variance to build on slopes of greater than
24% for the construction of a single-family dwelling. The approval of the variance is
subject to the following conditions:
FINDINGS OF FACT
1. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance; and
2. The plight of the landowner is due to circumstances unique to the property
not created by the landowner; and
3. The variance will not alter the essential character of the locality; and
4. The variance is not based on economic considerations alone.
CONDITIONS
1. Plans must be consistent with the materials presented as part of Case No. CD
2023-59 presented to the Planning Commission.
2. Applicant shall receive approval from the Heritage Preservation Commission
for design of dwelling.
3. Applicant shall receive all proper permits and approvals from Engineer and
Building Department.
4. Prior to issuance of building permit a Soil Engineer's report must be submitted
for review and approval.
5. Prior to issuance of building permit a drainage control must be submitted for
review and approval.
Adopted by the City Planning Commission this 20th day of December, 2023.
CITY O STILLWATER
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Jo ADybvig, Plaptding dommission Chair
ATTEST:,
Tim Gladhill, Community Development Director
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EXHIBIT A
Legal Description of the Applicant's Property
Parcel ID: 28-030-20-12-0022
Situs Address: Vacant Property
Abstract Property
Lot one (1), Block Six (6), Carlie and Schulenburg's Addition to Stillwater. Excepting
and reserving to the State of Minnesota, in trust for the taxing districts converted, all
minerals and mineral rights, as provided by law. Washington County, Minnesota.
A-1