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HomeMy WebLinkAbout1997-212 RESOLUTION NO. 97-212 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING WILLIAM MESSNER APPLICATION FOR A VARIANCE TO THE SHORELAND ORDINANCE WHEREAS, the City Council of the City of Stillwater has met at a public hearing to consider the request of William Messner for a variance to the Shoreland Ordinance for property located at 2318 Boom Road in the City of Stillwater, Washington County, Minnesota; and, WHEREAS, due and proper public notice of the hearing was given pursuant to the ordinances of the City; and, WHEREAS, at the public hearing, the City Council received public comment, testimony from William Messner and staff reports with regard to the variance and all considerations necessary for review; and, WHEREAS, after the public hearing, the City Council directed that the staff prepare Findings of Fact consistent with approval of the variance and the staff has, pursuant to this direction, prepared Findings of Fact that are attached to this Resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that the City Council adopt the Findings of Fact, Conclusions of Law and Order as prepared by the City staff and attached to this Resolution as Exhibit "A". Enacted this 2nd day of September, 1997. CITY OF STILLWATER ~ J L . e ayor . ATTEST: ~,.J.) 11 .), ~~ Modi Weldon, Clerk .... 9 CITY COUNCIL VARIANCE APPLICATION • CITY OF STILLWATER COUNTY OF WASHINGTON In Re an Application of William C. Messner FINDINGS OF FACT, for a variance to the Shoreland Ordinance CONCLUSIONS OF LAW AND ORDER On August 191, 1997, the City Council of the City of Stillwater conducted a public hearing, with notice to the public and to the Department of Natural Resources to hear the application of William C. Messner, 2318 Boom Road (Messner) for a variance to the City Bluffland/Shoreland Ordinance for an addition that is closer to the St. Croix River than the requirement for the shoreland setback of thirty (30) feet. The Council received and considered the staff recommendations with respect to the variance and received and considered the recommendation of the City Planning Commission with regard to the request. Following the public hearing, the City Council directed the City Attorney to prepare for its consideration proposed Findings of Fact and Conclusions of Law in accordance with the Planning Commission and City Staff s recommendations. At its August 19'' meeting, the City Council considered and discussed the entire matter. Based upon that evidence that was presented, the City Council makes the following Findings of Fact, Conclusions of Law and Order: FINDINGS OF FACT 1. On May 19`'', 1997, Messner submitted an application for a Variance for the 1 construction of two -story addition of approximately two thousand (2,000) square feet with a front yard setback of 15'3 ". The Bluffland/Shoreland Regulations require a thirty (30) foot setback from the bluff line. 2. That the City Council is entitled to grant variances for a structure that might increase violations of a setback standard provided that the new structure will be visually inconspicuous in summer months as viewed by the river. 3. That the proposed use of the Messner property and the new addition is a reasonable use of the property. 4. Strict enforcement of the Ordinance with regard to the addition is a particular hardship that makes the enforcement of that section of the Ordinance impractical. 5. That the granting of a variance under these circumstances will not alter the essential character of the locality since the addition will be screened from the river by vegetation and, therefore, is visually inconspicuous from the riverway. 6. That Messner will paint the house and garage a natural color to further screen its visibility by blending in with the summer vegetation at the site. 7. That trees (White Pines 6' minimum and Green Ash 2" minimum) must be planted in front of the structure to minimize visual impact from the River. These trees must be planted under the supervision of the Community Development Director. CONCLUSIONS OF LAW 1. This matter is properly before the City Council pursuant to the Shoreland Ordinance. 2. That the City Council has legal authority to grant set back variances from the City's Shoreland Ordinance. 2 f 3. That by the greater weight of the evidence and testimony presented at the hearing, it is hereby determined by the City Council of the City of Stillwater that the Applicant satisfied the requirements of the section of the Ordinance describing setback variances and when setback variances may be granted. 4. That by the greater weight of the evidence and the testimony presented at the hearing, it is hereby determined by the City Council of the City of Stillwater that the variance is a minimal intrusion into the setback area and is visually inconspicuous from the riverway in the summertime. The City Council of the City of Stillwater does hereby order that the Messner's request for a variance described in the application be and the same hereby are GRANTED, subject to all conditions of approval set forth in the Community Development Director's Staff Report of August 15, 1997. Dated at Stillwater, Minnesota, this 2" d day of September, 1997. CITY OF STILLWATER Ja ATTEST: Morli eldon, Clerk k3 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER, MN 55082 TELEPHONE: (612) 439 -9464 • TELECOPIER: (612) 439 -5641 DAVID T. MAGNUSON MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney �� DATE: August 22, 1997 C � ��aJ1-1 RICHARD D. ALLEN SUBJECT: William C. Messner Variance for Shoreland and 2318 Boom Road At the last regular meeting, the City Council heard the Messner Variance requests and based upon a straw vote, directed me to prepare Findings consistent with staff and Planning Commission recommendations. I attach the proposed Findings for consideration by the City Council. The Council should consider themselves free to adopt any additional Findings or to correct the Findings that we suggest. We are happy to discuss this further if anyone would like. DTM /ds Attachment