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Planning Commission Resolution 2013-080CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013 —080 Date: October 1, 2013 Motion By: Commissioner 01.40WO 115j2. Resolution No. 2013 -080 Seconded By: Commissioner Cr,,AV�A A RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD BUILDING SETBACK REQUIREMENT, UPON A RESIDENTIAL PROPERTY WHEREAS, Charles Walters, the property owner of 413 East River Street, has requested a variance from the minimum 30 foot side yard setback requirement imposed in the Wild and Scenic Recreational River Zoning District; and WHEREAS, the Planning Commission has reviewed the application for Variance pursuant to the regulations of the Monticello Zoning Ordinance; and WHEREAS, the Planning Commission held a public hearing on October 1 st, 2013 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The application is consistent with the 2008 Monticello Comprehensive Plan for Places to Live; and 2. The proposed single family home will meet the intent of the Zoning Ordinance; and 3. The proposed single family home is an allowed use in the R -1 and WSRR Districts, and as such is a reasonable use of the site; and 4. The proposed single family home is of comparable size and design to surrounding single family homes; and 5. The lot is substandard is size, which is an existing legally non - conforming condition which creates practical difficulties in complying with the building setback requirement; and 6. Surrounding properties likewise exhibit substandard lot size conditions, and have been allowed to maintain homes that may be non - conforming as pertains to building setback requirements; and 7. Such conditions creating the practical difficulties are unique to the riverside property in question and not created by the applicant; and 8. The use is not expected to be detrimental to the health, safety, morals or welfare of persons residing near the use. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota: 1. Pursuant to Minn. Stat. §462.357, the application for Variance is hereby approved by the Planning Commission, sitting as the Board of Adjustment and Appeals. 2. The applicant must submit site and building plans to the City for review and approval via the site plan review process. 3. A building permit shall be received and all requirements imposed by it be satisfied. ADOPTED this 1 st day of October 2013, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: Bill Spartz, Chair ATTEST: Angela 15chnn, Community Development Director