HomeMy WebLinkAbout86-121 - ADMIN Resolution - City Council - 1986/07/21RESOLUTION NO. 86-121
A RESOLUTION GRANTING VARIANCE INS YARD SETBACK
REQUIREMENTS FROM SECTION 14-128(5) OF THE ORDINANCE CODE
RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A GARAGE
ADDITION RESULTING IN A FRONT YARD SETBACK OF 20 FEET INSTEAD
OF THE REQUIRED 35 FEET IN THE R-1, SINGLE FAMILY RESIDENCE
DISTRICT, AT 2624 XYLON AVENUE SOUTH
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. William E. Lent has applied for a variance from Section 14-128(5) of the
Ordinance Code relating to zoning to permit the construction of a garage addition
resulting in a front yard setback of 20 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 16, Block 2, West Tonka Hills (Abstract)
2. The Board of Zoning Appeals has reviewed the application for a variance
(Case No. 86 -51 -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) That the side of the lot adjacent to Zinran Avenue be determined as the
side yard and that the setback be 20 feet.
b) That the existing shed be removed from the property.
c) That the proposed garage be limited to one story in height.
d) That a 30 -foot setback be retained on Xylon Avenue.
e) Within 60 days after construction of the garage permitted by this variance,
the garage door for the existing garage shall be removed and the area totally
framed in; thereafter, storage of vehicles in the existing garage shall be
prohibited and no new permit shall be issued to construct a garage door for
vehicle access to said existing garage.
Conclusion
The application for a variance for the construction of a garage addition resulting in a
front yard setback of 20 feet instead of the required 35 feet is granted based upon
the findings set forth above.
Adopted by the City Council July 21, 1986
ATTEST:
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Reviewed by administration:
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Approved as to form and legality:
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City Attorney