09-57 - 10-20 - findings and determinations - variance appeal - 316 Meadow Lane NorthResolution 09-57
October 20, 2009
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION OF FINDINGS AND DETERMINATION
WITH RESPECT TO VARIANCE APPEAL
316 MEADOW LANE NORTH
MAGGIE BOSTROM, APPLICANT
WHEREAS, at its regular meeting on October 20, 2009 the City Council heard and
considered an appeal from a determination by the Board of Zoning Appeals denying a
variance requested by Maggie Bostrom at her residence at 316 Meadow Lane North
(09-08-13) to reduce the required 8 foot setback to a distance 0 feet at its closest point to
the south side property tine from the existing deck structure.
WHEREAS, the Planning Department and the Building and Inspections Department
recommend the denial of the applicant's proposal.
WHEREAS, the Board of Zoning Appeals voted to deny the applicant's proposal.
WHEREAS, the City Council is required by Section 11.90, subd. 4C(2) to make its
findings and determinations with respect to the appeal and serve a written report thereof
upon the appellant by United States mail.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. That it finds:
a. The deck as built going up to the property line creates safety, maintenance,
privacy and basic fairness issues;
2. The deck as built is in violation of the Building Code;
3. That it finds that the complained of characteristics of the property do not constitute
an undue hardship,
4. That the City Council affirms the determination of the Board of Zoning Appeals
denying the requested variance of 8 feet off the required 8 feet setback to a distance
of 0 feet at the closest point to the south side property line from the existing deck
structure.
5. The City Council denies the modified request of a variance of 7.95 feet off the
required 8 feet to a distance of 0.05 feet at the closest point to the south side
property line from the existing deck.
6. That this Resolution constitutes the report of the City Council and shall be served
upon the Appellant by United States mail within 30 days from the date of the appeal
which was September 30, 2009.
Resolution 09-57 -Continued
ATTEST:
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' Susan M. Virnig, City Clerk
October 20, 2009
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Linda R. Loomis, Mayor
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis,
Scanlon, and Shaffer; and the following voted against the same: none, and the following
abstained: Pentel; whereupon said resolution was declared duly passed and adopted,
signed by the Mayor and her signature attested by the City Clerk.