HomeMy WebLinkAbout84-150 - ADMIN Resolution - City Council - 1984/09/17REPLACEMENT
RESOLUTION NO. 84-150
A RESOLUTION GRANTING VARIANCE IN FENCE HEIGHT FROM SECTION
14-109(gXi) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT
CONSTRUCTION OF A FENCE WITH A MAXIMUM HEIGHT OF EIGHT
FEET INSTEAD OF THE REQUIRED SIX FEET IN THE R-1, SINGLE FAMILY
RESIDENCE DISTRICT AT 1649 WESTWOOD HILLS DRIVE
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Robert and Kathleen Juster have applied for a variance from Section 14-
109(gXi) of the Ordinance Code relating to zoning to permit construction of a fence with
a maximum height of eight feet instead of the required six feet for a single family
dwelling located in the R-1, Single Family Residence District at the following location,
to -wit:
Lot 2, Block I, Third Country Club Addition of Westwood Hills (Torrens
Cert. No. 586051)
2. The Board of Zoning Appeals has reviewed the application for a variance
(Case No. 84 -76 -VAR) and has recommended to the City Council that the application
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.
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 height of the fence be equal to and not greater than
the height of the adjoining fence as of the date of approval
of the request, and further that the variance shall apply only
along the rear lot line (northeast side) of the subject property.
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The application for a variance for construction of a fence with a maximum height of
eight feet instead of the required six feet is granted based upon the findings set forth
above.
Adopted by the City Council September 17, 1984
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ATTEST:
City Clerk
Reviewed by administration: Approved as to form and legality:
C tyManager City dttorney