HomeMy WebLinkAbout2011-132 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2011 -132
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 2011 -017, SUBMITTED BY CARLEIN CLOUTIER (ON
BEHALF OF DEBRA NEW)
WHEREAS, Planning Commission Application No. 2011 -017 submitted by Carlein
Cloutier (on behalf of the property owner Debra New) requested approval for Variance to City Zoning
Code Section 35 -530 to allow more than two (2) accessory structures in the R1 -One Family
Residence District, for the property located at 5731 Camden Avenue North; and
WHEREAS, the Planning Commission held a duly called public hearing on August
25, 2011, at which time a staff report was presented, the Applicant presented her justification and
support of the variance, and public testimony regarding the variance was received; and
WHEREAS, said Planning Commission Information Sheet (staff report) contained
a recommendation of denial of the variance based on the following factors:
i. the applicant's situation is not due to circumstances unique to her parcel of
land;
ii. to allow a homeowner additional sheds (even by means of a variance) is in
direct conflict with the general purpose and intent of the ordinance and
could potentially disrupt the overall harmony of the neighborhood;
iii. to allow this application to proceed under a variance potentially sets or
establishes a wrong precedent;
iv. the variance is not in harmony with the general purposes and intent of the
ordinance; and
V. the new standards for granting variances (under Minnesota Statutes,
Section 462.357, Subdivision 6), have not been met.
WHEREAS, despite the recommendation for denial by planning staff, the Planning
Commission determined by a four -to -two vote, to recommend that the City Council approve the
Variance comprehended under Planning Application No. 2011 -017 based on the following findings:
i. that allowing this variance is based on the hardship brought on by others
(i.e. the former landowner);
ii. the variance request is reasonable based on the current situation of the
Applicant; and
RESOLUTION NO. 2011 -132
iii. the apparent longevity of the sheds allowed by the City to remain in their
current locations is also reasonable.
WHEREAS, the City Council considered Application No. 2011 -017 at its September
12, 2011, regular meeting. A presentation was made by city staff, and the recommendation of approval
by the Planning Commission was presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2011 -017, submitted by Carlein Cloutier (on behalf of the
property owner Debra New) requesting approval of a Variance to City Zoning Code Section 35 -530 to
allow more than two (2) accessory structures in the R1 -Once Family Residence District, for the
property located at 5731 Camden Avenue North, be denied based on the following findings, which are
based on the report of the hearing before the Planning Commission on August 25, 2011:
i. the applicant's situation is not due to circumstances that are unique to her
parcel of land;
ii. to allow a homeowner additional sheds (even by means of a variance) is in
direct conflict with the general purpose and intent of the ordinance and
could disrupt the overall harmony of the neighborhood;
iii. to grant the requested variance would establish an undesirable precedent;
iv. the requested use is not in harmony with the general purpose and intent of
the ordinance; and
V. the economic factors cited by the applicant are not a lawful basis for the
requested variance.
September 26, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Dan Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, Kay Lasman, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.