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HomeMy WebLinkAbout5991 - ADMIN Resolution - City Council - 1978/04/171 1 1 RESOLUTION NO. 5991 A RESOLUTION GRANTING VARIANCE IN LOT WIDTH AND SIDE YARD SETBACK FROM SECTIONS 14-128(3) AND 14-128(5) TO PERMIT CONSTRUCTION OF A SINGLE FAMILY HOME ON A LOT 40 FEET IN WIDTH AND TO PERMIT A SIDE YARD ON A STREET OF 10 FEET IN THE R-1 DISTRICT AT 2646 JOPPA AVENUE SOUTH UNDER SPECIFIED CONDITIONS. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Ernest Margulas and Gregory Gunderson have applied for a variance from Sections 14-128(3) and 14-128(5) of the Ordinance Code to permit con- struction of a single family home on a lot 40 feet in width and a 10 foot side yard on a street for a single family home located in the R-1 District at the following location, to -wit: Lot 12, Block 5, Thorpe Bros. Cedar Lake Heights 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 78 -12 -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, 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 Zoning 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. 1 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 insure, and will in fact insure, that there will be no unreasonably adverse consequences to the granting of the variance: a. The building developed on the site shall be a split entry, single family home, with attached garage facing West 27 Street. b. The proposed development on the site shall be completed by June 1, 1979. 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 th City Council April 17, 1978 ATTEST: Mayo Approved as to form and legality: City Attorn