HomeMy WebLinkAbout15.A.2. Appeal of Board of Adjustment and Appelas Determination of an Overheight Accessory Structure Variance at 3683 C.R. 79-Res. No. 6261
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-086 CONSENT
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner I
RE: Appeal of the Board of Adjustment and Appeals Determination of an Overheight
Accessory Structure Variance at 3683 County Road 79
DATE: July 5,2005
INTRODUCTION
On June 21, 2005, the City Council reviewed a request of an appeal of a determination of the Board of
Adjustment and Appeals by Dennis Jeurissen and Joan Doolittle. Dennis Jeurissen and Joan Doolittle had
appealed the decision of the BOAA to deny an overheight accessory structure variance. The variance request
was to allow an accessory structure with a height of approximately 18 feet, where 15 feet is the maximum
height allowed. Upon review of the appeal, the City Council directed staff to prepare a resolution approving the
variance request.
ALTERNATIVES
1. Approve Resolution No. 6261, a resolution approving the variance request to allow an overheight
accessory structure.
2. Do not approve Resolution No. 6261, and direct staffto prepare a resolution denying the request.
3. Table the decision for additional information.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6261, a resolution approving the variance request to allow an
overheight accessory structure, and move its adoption.
~
Mark Nob -
Planner I
g: \cc\2005\07 -05\appealjeurissenvariance.doc
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RESOLUTION NO. 6261
A RESOLUTION OF THE CITY OF SHAKOPEE UPHOLDING THE APPLICANT'S
APPEAL OF A REQUEST TO CONSTRUCT AN OVERHEIGHT ACCESSORY
STRUCTURE AT 3683 COUNTY ROAD 79
WHEREAS, Dennis Jeurissen and Joan Doolittle, applicants and property owners, have
filed an application for a variance under the provisions of Chapter 11, Land Use Regulation
(Zoning), of the City of Shako pee City Code, Section 11.89 and Section 11,81, to allow the
construction of an overheight accessory structure on their property; and
WHEREAS, the subject parcel ofland is presently zoned Rural Residential (RR) Zone; and
WHEREAS, the subject parcel ofland for which the request is being made is legally
described as:
The North Half of the South Half of the Northwest Quarter (N Y2 of S Y2 of NW ~) of Section 31,
Township 115, Range 22, Scott County, Minnesota.
EXCEPTING THEREFROM that part of the south 423.65 feet that lies east of the west 600.00 feet
of the North Half of the South Half of the Northwest Quarter (N Y2 of S Y2 of NW Y-t) of Section 31,
Township 115, Range 22, Scott County, Minnesota; and
WHEREAS, notice was provided and on June 9, 2005, the Board of Adjustment and
Appeals conducted a public hearing regarding this application, at which it heard from the
Community Development Director or his designee and invited members of the public to comment;
and
WHEREAS, the applicant timely appealed the determination of the Board of Adjustments
and Appeals; and
WHEREAS, the City Council reviewed the appeal of the applicant at their meeting of June
9,2005; and
WHEREAS, the City Council's reached the following findings with respect to the requested
variance and applicable ordinance criteria;
Finding l.A. The property cannot be put to a reasonable use under the official controls.
Finding 1.B. The plight of the landowner is due to circumstances unique to the property.
Finding 1.C The circumstances were not created by the landowner.
Finding 1.D. The variance would not alter the essential character of the locality.
Finding 1.E. The considerations are not economic for this request.
Finding 2 The proposed variance would be in keeping with the spirit and intent of Chapter 11
(Zoning).
Finding 3 The request for a setback variance is not a use variance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the decision of the Board of Adjustments and Appeals is hereby overturned, and the
applicant's request for an overheight accessory structure is hereby approved.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the _ day of ,2005.
Mayor of the City of Shakopee
ATTEST:
City Clerk