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HomeMy WebLinkAbout85-117 - ADMIN Resolution - City Council - 1985/08/19RESOLUTION NO. 85-117 A RESOLUTION GRANTING VARIANCE IN REAR YARD SETBACK FROM SECTION 14-128(5) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A COVERED PORCH HAVING A REAR YARD SETBACK OF 12 FEET INSTEAD OF THE REQUIRED 35 FEET FOR PROPERTY LOCATED IN THE R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 1 3558 FRANCE AVENUE SOUTH. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Charlotte Kafitz and Gary Gelzer has applied for a variance from Section 14-128(5) of the Ordinance Code relating to zoning to permit a covered porch having a rear yard setback of 12 feet instead of the required 35 feet for a single family dwelling located in the R-1, Single Family Residence District at the following location, to -wit: Lot 42, Block 1, Hankes Minikanda Terrace (Abstract) 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 85 -47 -VAR) and has recommended to the City Council that the application be granted. V 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. V rnnelusinn The application for a variance for a covered porch having a rear yard setback of 12 feet instead of the required 35 feet is granted based upon the findings set forth above. Adopted by the City Council August 19, 1985 ALr� 0M or A TTRCT- Reviewed by administration: Approved as to form and legality: ILi_ ...1"Mpg �I orney