HomeMy WebLinkAbout5490 - ADMIN Resolution - City Council - 1976/03/29MARCH 29, 1976
RESOLUTION NO. 5490
RESOLUTION GRANTING VARIANCE IN FRONT YARD SETBACK
REQUIREMENTS FROM SECTION 6:064.5 OF THE ZONING
ORDINANCE TO PERMIT AN ATTACHED GARAGE WITH
SPECIFIED CONDITIONS
BE IT RESOLVED by the City Council of St. Louis Park, Minnesota:
Findings
1. Harold Whitehead has applied for a variance from Section 6:064.5 of
the Zoning Ordinance to permit extension of an attached garage to encroach
into the average front yard setback a distance of 7 feet for property in the
R-1 District at the following location, to -wit:
Lot 15 and the northwest 47.5 feet of Lot 16,
Highwood Tract, Lake Forest Addition, commonly
known as 4100 Highwood Road.
2. The Board of Appeals has reviewed the application for a variance
(Case No. 76 -8 -VAR) and has recommended to the City Council that the requested
variance 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 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. It will not merely
serve as a convenience to the applicant, but is necessary to alleviate demonstrable
hardship or difficulty.
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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. The use of the existing garage shall not be changed
to some other use.
b. Granting the variance in no way obviates the need for
the petitioner to apply and pay for a building permit,
to have the required inspections, and to construct/
reconstruct the garage extension in accordance with the
Building Code.
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 March 29, 1976.
Mayor
Attest:
City Clerk
Reviewed for administration: Approved as to form and legality:
City Manager City Attorney
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