HomeMy WebLinkAbout2015-213 (adopting Findings Of Fact, Conclusions and Order related to an appeal of administrative interpretation by Robert & Rachel Bugbee, located at 1427 Lydia Circle Case No. 2015-38) RESOLUTION NO. 2015-213
RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO
AN APPEAL OF ADMINISTRATIVE INTERPRETATION BY ROBERT&RACHEL BUGBEE,
LOCATED AT 1427 LYDIA CIRCLE
CASE NO. 2015-38
BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact,
Conclusions and Order related to an appeal of Administrative Interpretation by Robert&
Rachel Bugbee located at 1427 Lydia Circle, attached as an Exhibit,as on file with the City
Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said
Findings of Fact, Conclusions and Order.
Adopted by the Stillwater City Council this 1St day of December, 2015
Z•4Ir
Ted Kozlowski,Mayor
ATTEST:
Diane F.Ward, City Clerk
STATE OF MINNESOTA CITY OF STILLWATER
COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL
In Re: Robert & Rachel Bugbee
1427 Lydia Circle FINDINGS OF FACT
Appeal of Administrative Interpretation CONCLUSIONS AND
ORDER
Case No. 2015-38
The City Council convened a Hearing for Case No. 2015-38 at 7:30 p.m. November 17,
2015 at the Council Chambers in City Hall. The purpose of the Hearing was to consider an
appeal request from Robert and Rachel Bugbee related to a Zoning Code interpretation made by
Bill Turnblad, City of Stillwater Community Development Director. The interpretation relates to
the question whether a 2x4 tarp covered framed lean-to shed is a structure that must meet the
required side yard setback for the property. If the lean-to shed is considered a structure by
Zoning Code, then it must be removed to be compliant with side yard setback requirements.
Community Development Director Turnblad interprets the lean-to shed by Zoning Code
definitions to be a structure. The Bugbees have appealed that interpretation.
At the Hearing the City Council considered the oral report of'the Community Developer
Director; testimony by the Bugbees; the Staff Report dated November 17, 2015 by Abbi
Wittman, City Planner; and the Planning file prepared by City Staff for the Application.
NOW, THEREFORE, based upon the documents that have been made a part of the file,
upon the testimony of all those who offered it, and upon all the documents and proceedings
therein, the City Council makes the following:
FINDINGS OF FACT
1. The subject property is located at 1427 Lydia Circle, Stillwater, Washington
County, Minnesota.
2. The property is zoned RA (Two-Family Residential District).
3. City Code Chapter 31-305 (b)(1) requires structures in the RA Zoning District to
maintain a 10 foot setback from the side lot line.
4. City Code Chapter 31-101 (156) defines structure as "anything constructed or
erected by humans except for fences ..."
5. The tarp covered 2x4 framed lean-to shed in question is clearly "constructed or
erected" and is therefore a structure by definition.
6. As a structure, the lean-to shed must have a 10 foot setback from the property's
side lot line.
7. The lean-to structure fills space between the garage, which has an approximately
10 foot setback, and the side yard fence, which is located approximately on the side lot line.
Therefore, for all practical purposes, the entirety of the lean-to structure encroaches into the
required 10 foot side setback arca.
CONCLUSION OF LAW
1. That this matter was properly before the City Council pursuant to the procedure
set forth in the City Code.
2. That the lean-to structure (except the fence) encroaches into the required 10 foot
setback area, and therefore the entire lean-to structure (except the fence)must be removed.
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ORDER
IT IS HEREBY ORDERED
1. That the decision of the Community Development Director is upheld and the
entire lean-to structure (except the fence) must be removed.
Adopted on a vote of c5 by the City Council this 1st day of December, 2015.
CITY OF STILLWATER
141r -
Ted Ko owski, Mayor
ATTEST:
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Diane F. Ward, Clerk
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