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HomeMy WebLinkAbout86-156 - ADMIN Resolution - City Council - 1986/10/06Replacement RESOLUTION NO. 86-156 A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM SECTION 14-128(5) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE HAVING A SIDE YARD SETBACK OF 3.6 FEET INSTEAD OF THE REQUIRED 6 FEET FOR PROPERTY LOCATED IN THE R-1, SINGLE FAMILY RESIDENCE DISTRICT, AT 4321 BROOK LANE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. James F. and Nancy C. DeShane has applied for a variance from Section 14- 128(5) of the Ordinance Code relating to zoning to permit the construction of an attached garage having a side yard setback of 3.6 feet instead of the required 6 feet for a single family dwelling located in the R-1, Single Family Residence District, at the following location, to -wit: Commencing at point on west line 288 ft. south of northwest corner of Lot 4, "Brookside"; thence east 150 feet to a point in east line 207.3 feet south from northeast corner thereof; thence south 60 feet; thence west 150 feet to a point in west line 60 feet south of beginning; thence north to beginning (Abstract) 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 86 -66 -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 1s necessary -to -alleviate demonstrable hardship or difficulty. Conclusion The application for a variance to permit the construction of an attached garage having a side yard setback of 3.6 feet instead of the required 6 feet is granted based upon the findings set forth above. Adopted by the City Council October 6, 1986 CO 4,,d, yor ATTEST: Reviewed by administration: Ot• . y Manager Approved as to form and legality: City torney 1 1 i