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HomeMy WebLinkAbout2018-075 (findings of fact for the Bruggeman variance appeal denial ) RESOLUTION 2018-075 RESOLUTION ADOPTING FINDINGS OF FACT,CONCLUSIONS AND ORDER RELATED TO A VARIANCE REQUEST FOR A REAR YARD DECK TO BE LOCATED AT XXX (428) LINDEN STREET WEST CPC CASE NO 2017-70 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to a Rear Yard Variance request for XXX (428) Linden Street West to construct a 12' deck, 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 17th day of April,ZS? • Ted Kozlowksi,Mayor ATTEST: 72'/I4A/P , � ` J. iomas McCarty, Acting fEfity Clerk STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: NJC Holdings LLC C/O Jessie Bostrom Rear Yard Setback Variance FINDINGS OF FACT For XXX(428)Linden Street West CONCLUSIONS AND ORDER CPC Case No. 2017-70 The City Council convened a Public Hearing for Case No. 2017-70 at 7:00 p.m. on April 3,2018 in the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a request for a Rear Yard Setback Variance request at the property at XXX (428) Linden Street West,a vacant parcel. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by representatives of NJC Holdings LLC; the Staff Report dated April 3, 2018 by Abbi Jo Wittman, City Planner; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on January 10,2018. NOW,THEREFORE,based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records, recordings and proceedings herein,the City Council makes the following: I. FINDINGS OF FACT 1. This property is located at XX(428)Linden Street West. 2. The property is zoned RB(Two Family Residential). 3. In the RB district,the Rear Yard Setback is 25'. 4. In December, 2017, the Applicant applied for a 12' Variance to the 25' Rear Yard Setback found in City Code Section 31-308(b)for the construction of a 12' deep deck. 5. City Code Section 31-208 indicates the Council must make findings that the proposed structure or use conforms to the requirements and the intent of the Zoning Chapter of the City Code, the comprehensive plan, and that the variance request established practical difficulties in complying with the Zoning Code. 6. At the Planning Commission public hearing, the Commission made a 6-1 vote to deny the Rear Yard Setback Variance request. 7. At the Planning Commission public hearing one neighbor spoke out against the proposed Variance. II. CONCLUSIONS OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That as proposed,the Variance does not establish practical difficulty. III. ORDER IT IS HEREBY ORDERED 1. That the request for the Rear Yard Setback Variance for the construction of a 12' deck proposed to be located at XXX(428)Linden Street West is hereby denied. Adopted by a 5-0 vote of the City Council this 3rd day of April,2018. CITY OF STI WAT viorr- Ted Koz owski,Mayor ATTEST: 144:.Thomas McCarty,Acg City Clerk -2 - EXHIBITS A. Staff report and attachments to the Planning Commission dated January 10,2018 written by Abbi Jo Wittman,City Planner. B. The January 10,2018 Planning Commission minutes. C. NJC Holdings LLC letter of appeal,dated January 19,2018. D. Staff report to the City Council dated April 3,2018 written by Abbi Jo Wittman,City Planner. E. The April 3,2018 City Council minutes. - 3 - LEGAL DESCRIPTION Lot 12, Block 9, Sabin s Addition to the City of Stillwater.