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HomeMy WebLinkAbout7289 - ADMIN Resolution - City Council - 1982/12/06r RESOLUTION NO. 7289 A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM SECTION 14-109(2) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A SIDE YARD ENCROACHMENT WITH A SETBACK OF ONE FOOT INSTEAD OF THE REQUIRED FOUR FEET IN THE R-2, SINGLE FAMILY RESIDENCE DISTRICT AT 3500 WYOMING AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: . 1 Findings 1. Gerald and Bernice Cannon have applied for a variance from Section 14- 109(2) of the Ordinance Code relating to zoning to permit a side yard encroachment with a setback of one foot instead of the required four feet for a single family dwelling located in the R-2, Single Family Residence District at the following location, to -wit: South 50 feet of Lot 1, Block 3, Virginia Gardens Addition 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 82 -82 -VAR) and has reported its action to the City Council. 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 eroperty 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 a side yard encroachment with a setback of one foot instead of the required four feet is granted based upon the findings set forth above. Adopted by the City Council December 6, 1982 ATTEST: A4. d City Clerk Y Reviewed by administration: cee ,l.� C Mayor v Approved as to form and legaltiy: City Attorney -2-