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HomeMy WebLinkAbout85-119 - ADMIN Resolution - City Council - 1985/08/19RESOLUTION NO. 85-119 A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM SECTION 14-128(3) OF THE ORDINANCE CODE RELATING TO ZONING TO -PERMIT A NEW GARAGE WITH A SIDE YARD SETBACK OF 31 FEET ADJOINING A SIDE STREET INSTEAD OF THE REQUIRED 15 FEET FOR PROPERTY LOCATED IN THE R-1, SINGLE FAMILY RESIDENCE DISTRICT DISTRICT AT 2701 KIPLING AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findin 1. John E. and Patricia M. Davis has applied for a variance from Section 14- 128(3) of the Ordinance Code relating to zoning to permit a new garage with a side yard setback of 31 feet adjoining a side street instead of the required 15 feet for a single family dwelling located in the R-1, Single Family Residence District at the following location, to -wit: Lot 18, Block 1, "Peabody Addition to St. Louis Park" (Abstract) 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 85 -44 -VAR) and has recommended to the City Council that the application be denied. 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 a new garage with a side yard setback of U feet adjoining a side street instead of the required 15 feet is granted based upon the findings set forth above. Adopted by the City Council August 19, 1985 w ATTEST: Reviewed by administration: Ape m LW�,'Iity Manager Approved as to form and legality: City POtorney ,