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RESOLUTION NO. 98-220
A RESOLUTION APPROVING AND ADOPTING THE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
REGARDING THE APPLICATION OF
JOHN A. PROSSER FOR A VARIANCE
WHEREAS, based upon direction given by the City Council, the City Attorney has
drafted Findings of Fact and Conclusions of Law regarding the Council's decision on the
application of John A. Prosser for a Variance; and,
WHEREAS, the City Council has given full consideration to all the evidence presented at
the hearing and after due consideration, resolves as follows:
That the Findings of Fact and Conclusions of Law attached hereto as Exhibit "A"
regarding the application of John A. Prosser for a Variance be and the same
hereby are approved.
Enacted by the City Council this 18~' day of August, 1998.
CITY OF STILLWATER
y 1 ayor
ATTEST:
Morli eldon, Clerk
CITY COUNCIL
CITY OF STILLWATER
VARIANCE APPLICATION COUNTY OF WASHINGTON
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Variance Case #V/98-45
In Re an Application of John A. Prosser
for a Variance
FINDINGS OF FACT
AND CONCLUSIONS OF LAW
This matter came duly on for hearing before the City Council of the City of Stillwater on
Tuesday, the 4t'' day of August, 1998. The Mayor opened the hearing and noted that proper mail
and published notice had been made and thereafter the City Council listened to presentations by
James F. Lammers, Attorney at Law, Stillwater, Minnesota, appearing for the property owner
John A. Prosser and the testimony of John A. Prosser and Karl M. Ranum, Attorney at Law,
Stillwater, Minnesota, appearing for David and Julie Hartung; adjoining neighbors and also
testimony from David Hartung. The Planning Commission file for Case Number V/98-45, the
recommendation of the Planning Commission and all other documents, files, records, maps and
other proceedings pertaining to the variance application were made part of the record. At the
close of the hearing, the Council directed that Findings consistent with allowing deck
construction on the first level and denial of the second level variance be drawn by staff and
submitted for consideration and adoption at the meeting of August 18, 1998.
NOW, THEREFORE, BASED UPON all the files, records and proceedings herein, the
City Council makes the following Findings of Fact:
EXHIBIT "AP (Page 1 of 3)
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FINDINGS OF FACT
1. That the address of the subject parcel is 906 - St'' Avenue South. The last structure on
the most northerly end of 5`'' Avenue South.
2. That the parcel contains an existing single family residence that is a two (2) story wood
framed structure that has been recently renovated with a full second floor replacing what once
was a finished attic room.
3. That the first floor of the residence is one thousand four hundred ninety-six (1,496)
square feet and houses a living room, dining room, kitchen, entry hall, guest bedroom, den, full
bath and family room.
4. That the second floor is one thousand two hundred fifty-four (1,254) square feet and
has three (3) bedrooms, two (2) baths, a laundry and a sitting room and hall.
5. That, in general, the site slopes steeply to the north of the existing structure.
6. That plans for a garage on the west end of the property compel the need for an access
driveway on the immediate north side of the structure which would eliminate the need for
extensive grading and for extensive and expensive retaining walls.
7. That because of the future garage and driveway plan and the restrictions of the site
associated with the steep slope to the north of the structure, the front yard setback area becomes
the only feasible location on the site to attach a deck.
8. That the proposal for a second story deck, however, would seriously impede the view
of adjoining property to the south and, further, would seriously depreciate adjoining property and
effect the substantial property rights of others.
EXHIBIT "A2 (Page 2 of 3)
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NOW, THEREFORE, BASED UPON the Findings of Fact, the City Council makes the
following:
CONCLUSIONS OF LAW
1. That the variance for a first floor deck, which would be a deck of approximately two
hundred fifty-two (252) square feet, as described in the application, be and the same hereby is
GRANTED.
2. That the variance for a second story deck, as described in the application, be and the
same hereby is DENIED.
Enacted by the City Council of the City of Stillwater this 18~' day of August, 1998.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Morli Weldon, Clerk
EXHIBIT "A3 (Page 3 of 3)