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HomeMy WebLinkAbout5359 - ADMIN Resolution - City Council - 1975/09/2211 y • • r RESOLUTION NO. 5359 A RESOLUTION GRANTING A VARIANCE FROM SECTION 6:045.2, SUBD. 2, OF THE ZONING ORDINANCE TO PERMIT A FENCE IN THE FRONT YARD SETBACK OF 5.3 FEET TO 6 FEET IN HEIGHT FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY DISTRICT BE IT RESOLVED by the City Council of St. Louis Park, Minnesota: Findings 1. Ramon Gustilo has applied for a variance from Section 6:045.2, Subd. 2, of the Zoning Ordinance to permit a fence in the front yard setback of 5.3 feet to 6 feet in height for property located in the R-1 District at the following location, to -wit: Lots 4-7, Block 6, Basswood Addition, commonly known as 2545 Huntington Avenue South. 2. The Board of Appeals has reviewed the application for a variance (Case No. 75 -59 -VAR) and has recommended to the City Council that the application be granted with conditions. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This is due to the particular nature of the property owned by the applicant in relation- ship to other adjoining properties, and to the location of the residence on the property of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 4 1 • 7 The following conditions and ,afeyuards are necessary in nrdr-r, to ensure and will in fact ensure that there will be no unreasonably ad,erse consequences to the granting of the variance. a. The fence shall not be more than 6 teet in heryht as measured from the ground on which the ftnce is placed, h. The site shall be develuped, used, and maintained in accordance with Exhibit "A," Plantiny Flan•Fenr_e Screening Section, and Exhibit "8," Section Elevation c The southwest corner of the site shall be maintained free of visual obstructions of more than 30 inches in height across a triangle formed by measuring along the center lines of the abutting streets a distance of 80 feet from the intersecting centerlines. Conclusion The application for a variance for the purpose designated IL, grantr,d, b1 -i -ed upon the findings set forth above and bubject to the conditions Set tt'rh in paragraph 7 of these tindinys. Adopted by the City Council September 22, 1975. Attest: City Clerk Reviewed for Administration: Mayor Reviewed a, to torM and l»j. lit;r City Manager City Attorney -2-