HomeMy WebLinkAbout1998-096
RESOLUTION NO. 98-96
A RESOLUTION APPROVING FINDINGS OF FACT
AND CONCLUSIONS WITH REGARD TO THE WILSON VARIANCE
PROCEEDING NO. V/98-11
WHEREAS, the request for a variance and relief from a drainage easement came duly on
for hearing before the City Council at a regular meeting thereof held on April ?th, 1998. At the
close of the hearing, the City Council adopted the Findings of Fact and Conclusions set forth in
the Findings prepared by the City Attorney and attached to this Resolution as Exhibit "A".
Enacted by the City Council this 7th day of April, 1998.
CITY OF STILLWATER
c
J 1 , ayor
ATTEST:
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Morli eldon, Clerk ,~X
1 T
CITY COUNCIL
VARIANCE APPLICATION
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In Re an Application of Todd and Kristine
Wilson for a variance to the Zoning Ordinance
Case No.: V/98-11
CITY OF STILLWATER
COUNTY OF WASHINGTON
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
ORDER DENYING VARIANCE
AND ORDER DENYING
RELIEF FROM EASEMENT
The above-entitled matter came duly on for hearing before the City Council of the City of
Stillwater at their regular meeting on the 6`h of April, 1998. The file consisted of the Planning
Commission minutes, a staff report from the Community Development and Zoning office, a
memorandum from the City Attorney and submittals by the applicant, Todd and Kristine Wilson,
for a variance. After considering the entire file and listening to a presentation by one of the
applicants, Todd Wilson, the Council makes the following Findings of Fact:
1. On November 6`'', 1997, the Applicants signed a Purchase Agreement with Avalon
Homes to purchase a model home that was under construction on Lot 8, Block 2, Interlachen
Hills 3`d Addition (the Lot).
2. The lot is steeply sloped to the back and is burdened by a Conservation Easement (the
Easement) granted by Trail Head Development Company to the City of Stillwater on the 19`h of
December, 1996, filed December 27"', 1996, with the Washington County Recorder as Document
Number 915773.
3. That the area in the backyard upon which the Applicants desire to build a swimming
pool is within the boundaries of the easement.
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4. That in their presentation to the City Council, Todd Wilson advised the City Council
that the Applicants no longer desire to build a swimming pool in the area burdened by the
Conservation Easement but desire to fill the easement area to create a level area in the back of
their yard.
5. That without a level area in the back of their yard, the lot slopes steeply off to the back
and very little of the back yard is usable.
6. That when a title insurance binder was presented to Todd and Kristine Wilson on
December 11"', 1997, by Burnet Title, the title commitment was subject to the rights of the public
in the Conservation Easement burdening the property.
7. That there is reasonable use of the property without either a release of the easement or
a variance from City standards since a two (2) story dwelling house has been built upon the
property.
8. That the terms of the Conservation Easement provide that the Applicants cannot install
fences of any kind, alter the grade or natural terrain, cut, destroy or remove foliage, except
noxious weeds, without the prior written consent of the City.
9. That the Conservation Easement cannot be released solely for the benefit of the
burdened property and may be released only when the release would benefit the public.
10. That the Conservation Easement was created not only to protect habitat in the area
but also as an enhancement and amenity for the various lots within the subdivision.
11. That it is not a hardship that a swimming pool cannot be built in the back yard or that
a house has a limited level area in the back yard.
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the request of the Applicant for a variance from the City Zoning Ordinance and a
Release from the Conservation Easement be and the same hereby is DENIED.
Enacted by the City Council of the City of Stillwater this 6`h day of April, 1998.
CITY OF STILLWATER
Jay . K' or
ATTEST:
Morli eldon, Clerk