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HomeMy WebLinkAbout5374 - ADMIN Resolution - City Council - 1975/10/06• ilb OCTOBER 6, 1975 8H RESOLUTION NO. 5374 A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM SECTION 6:064.5 OF THE ZONING ORDINANCE TO PERMIT A SIDE YARD OF ZERO FEET IN THE R-1 SINGLE FAMILY DISTRICT BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: ) Findings 1. Allen Oleiskey has applied for a variance from Section 6:064.5 of the Zoning Ordinance to permit a setback for the side yard of 0 feet for a single family home located in the R-1 Single Family District at the following location, to -wit: Lot 2, Block 2, Minnehaha Gables Annex, commonly known as 8905 West 34th Street 2. The Board of Appeals has reviewed the application for a variance (Case No. 75 -49 -VAR), and has transmitted the request to the City Council without recommendation. 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 adjacent property, it is possible to expand an existing attached garage to the side property line 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. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. • 7. The following conditions and safeguards are necessary, in order to ensure and will in fact ensure that there will be no unreasonably adverse consequences to the granting of the variance: a. There shall be no windows placed in the side of the garage along the side property line. b. The garage shall be constructed to have a one- hour fire rating on all sides. Conclusion The application for a variance for the purpose designated is granted, based upon the findings set forth above and subject to the conditions set forth in paragraph 7 of these findings. Adopted by the City Council October 6, 1975. Mayor Attest: City Clerk Reviewed for Administration: Reviewed as to form and legality: City Manager City Attorney -2-