06-27-22-R - Laserfiche WebLink

Home Browse Search

Page 6 of 7 3. The garage addition will not impede sight lines or obstruct the clear vision area from the roadways. 4. This is a legal nonconforming lot that was developed in 1953 at which time City Code allowed a 10 foot side yard setback. The scope or scale of the variance request is to locate the proposed garage at a 7.82 foot setback. Options and Motion Language The Planning Commission reviewed this application at their June 8, 2022, meeting. At that time, they recommended approval with conditions of Planning Case 22-008 to decrease the required side yard setback from 40 feet to 7.82 feet from the northwest side yard property line at 4073 Valentine Court by a 6-0 vote. The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to adopt Resolution 2022-037, approving Planning Case 22-008, for a Variance at 4073 Valentine Court as presented in the June 27, 2022 Report to the City Council as amended by the conditions below: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. • Approval: Motion to adopt Resolution 2022-037, approving Planning Case 22-008, for a Variance at 4073 Valentine Court as presented in the June 27, 2022, Report to the City Council. • Denial: Motion to deny Resolution 2022-037, approving Planning Case 22-008, for a Variance at 4073 Valentine Court: findings to deny should specifically reference the reasons for denial. • Table: Motion to table Resolution 2022-037, approving Planning Case 22-008, for a Variance at 4073 Valentine Court: the City Council should identify a specific reason and/or information request should be included with a motion to table. Public Notice and Comments Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on June 16, 2022. A meeting notice for this planning case was published in the Pioneer Press on June 16, 2022. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff received seven comments supporting the application in advance of the Planning Commission meeting and two additional comments in support of the application as of June 22, 2022.