Variance - Res. 21-07 - Sideyard Setback Variance - 3872 NorthernRESOLUTION NO. 21-07
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION ADDRESSING VARIANCES FOR A SIDE YARD SETBACKS
LOCATED AT 3872 NORTHERN AVENUE
WITHIN THE CITY OF SPRING PARK
WHEREAS, Alma Homes on behalf of Sam and Rachel McNellis (the "Applicant") has
applied for a side yard setback variances for the construction of the new home at 3872 Northern
Avenue (the "Property") in the City of Spring Park (the "City"); and
WHEREAS, The property at 3872 Northern Avenue contains a blighted, unsafe single
family home, and the McNellis project wishes to remove this house and construct a new Single
family home on this property; and
WHEREAS, The Applicant is seeking a side yard variances to allow the new home to be
constructed with side yard setbacks of not less than 7.5 feet along both the east and west lot lines
with a setback encroachment for a doorway covered landing on the east side of the building; and
WHEREAS, the City ordinance requires that lots in the R-1 district have a setback of 10 feet
for side yards; and
WHEREAS, City staff has reviewed the variance application and prepared the planning
report dated January 4, 2021, with findings that the requested variance was consistent with the
Spring Park Comprehensive Plan, will eliminate a blighted property and has met the Criteria for
variance approval; and
WHEREAS, the Planning Commission of the City of Spring Park held a public meeting on
January 13, 2021 to consider the application materials, the planning report of January 4, 2021, and
hear public testimony. Upon closing the public hearing, the Planning Commission recommended
(on a vote of 4 to 1) the City Council approve the variance for a side yard setbacks based on the
findings and recommendations outlined in the January 4, 2021 planning report ; and
WHEREAS, the Spring Park City Council has received the of Sam and Rachel McNellis
application materials, the January 4, 2021 planning report, and the Planning Commission
recommendation, and agrees with the findings and recommendation of the Planning Commission as
outlined in the January 4, 2021 planning report.
NOW, THEREFORE BE IF RESOLVED, that the City Council of Spring Park,
Minnesota hereby approves the requested variance to allow side yard setbacks of not less than 7.5
feet as illustrated in the site plans dated December 19, 2020 and based on the findings outlined in
the January 4, 2021 planning report subject to the following conditions:
1. Construction will not deviate from the site plan submitted to the City dated 12/ 19/2020 and
building plans dated 12/18/2020 as part of the variance application. The approved side yard
building setbacks shall not be less than 7.5 feet from the side lot line. Covered doorway
stoop on the east side of the house may encroach into the side yard setback provided they
meet the zoning standards for permitted encroachments. Any change to the dimensions of
the addition would be subject to a separate review.
2. Applicant shall submit a grading and drainage plan with the building permit. The house
shall have gutters and downspouts to direct roof drainage away from adjoining properties.
Any sump or drain tile outlets shall direct drainage away from adjoining lots. The grading
and drainage plan must be approved by the City Engineer.
3. Hard cover associated with the new house and lot improvements shall not exceed 30% of the
lot area.
ADOPTED by the City Council of the City of Spring Park this 19th day of January 2021.
ATTEST:
By
Jennifer ts
, City C1
CITY OF SPRING PARK
By:
Jerome Rockvam, Mayor
E