City of Grand Marais, Minnesota

CITY OF GRANDMARAIS, MINNESOTA

CITY COUNCIL RESOLUTION 2013-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND MARAIS, MINNESOTA APPROVING THE REQUEST FOR A VARIANCEFOR SYDNEY’S CUSTARD SHOP

WHEREAS, the applicant, Sydney’s Custard Shop, seeks a Varianceto construct an addition to their commercial structure within the required 40’ setback from the vegetation line of Lake Superior on his property zoned DW; and,

WHEREAS,the Planning Commission conducted a public hearing on April 3, 2013, and received public testimony regarding the proposed Variance; and

WHEREAS, all required notices regarding the public hearing were properly made; and

WHEREAS, the Planning Commission has reviewed the request and recommended approval of the Variance: and

WHEREAS, the City Council reviewed the requestedVariance and Planning Commission recommendationat its meeting of April 10, 2013.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND MARAIS, MINNESOTA, that it adopts the following findings of fact related to the requested Variance:

Criteria #1The variance is in harmony with the purpose and intent of the ordinance.

Finding #1A restaurant with indoor is consistent with the purpose and intent of the ordinance to promote a mix of shops that serve year round, seasonal and visitor population.

Criteria #2The variance is consistent with the comprehensive plan.

Finding #2The proposed building has no adverse impacts, will be in harmony with the unique natural environment, and provides commercial facilities which meet needs of resident s and visitors.

Criteria #3The proposal seeks to use the property in a reasonable manner not permitted by the zoning ordinance.

Finding #3The building design addresses the need for protection from the lake.

Criteria #4The plight of the landowner is due to circumstances unique to the property not created by the landowner

Finding #4The lack of a breakwall on this property creates the need for a variance from the shoreline setback.

Criteria #5The variance, if granted, will not alter the essential character of the locality.

Finding #5The building will not be closer to the lake than some neighboring structures.

BE IT FURTHER RESOLVED that the Variance to allow an addition to their commercial structure within the required 40’ setback from the vegetation line of Lake Superioris hereby approved.

Passed by the City Council of the City of Grand Marais, Minnesota this 10th day of April, 2013.

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(SEAL)Mayor Laurence Carlson

ATTEST:

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Michael J. Roth

City Administrator

Exhibit A

LEGAL DESCRIPTION:

The South 40’ of the North 134’ of Govt. Lot 4, Section 21, T61 N, R 1E.