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HomeMy WebLinkAbout6976 - ADMIN Resolution - City Council - 1981/10/05RESOLUTION NO. 6976 A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM SECTION 14-133(3) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A SIDE YARD OF SIX FEET INSTEAD OF THE REQUIRED FIFTEEN FEET IN THE R-2, SINGLE FAMILY RESIDENCE DISTRICT, AT 3715 RHODE ISLAND AVENUE SOUTH. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Robert J. Mugaas has applied for a variance from Section 14-133(3) of the Ordinance Code relating to zoning to permit a side yard of six feet instead of the required fifteen feet for a construction of a garage located in the R-2, Single Family Residence District, at the following location, to -wit: Lots 42 and 43 and that part of Lot 44 lying South of the Southerly line of State Highway No. 7, Block 319, in "Rearrangement of St. Louis Park:, and that part of the West 1/2 of the North and South vacated alley in said Block lying between extensions across said strip of land of the South line of Lot 42 and the Southerly line of or of record in the office of the Register of Deeds in and for said County (Plat 51905, Parcel 4975, District 46) 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 81 -85 -VAR) and has recommended to the City Council that the applica- tion be granted. 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. 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. Conclusion The application for a variance for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council October 5, 1981 Mayor ATTEST: ity Clerk 65414414.-P1) Reviewed for administration: Approved as to form and legality: 67:AAAWer ty Manager e% -'1%4%e„,-'7 City Attorney -2 1