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HomeMy WebLinkAbout86-159 - ADMIN Resolution - City Council - 1986/10/06RESOLUTION NO. 86-159 A RESOLUTION GRANTING VARIANCE IN FRONT YARD SETBACK FROM SECTION 14-109(b) AND 14-133(5) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE LOCATION OF AN AIR CONDITIONING UNIT IN A REQUIRED FRONT YARD HAVING A SETBACK OF 34.5 FEET INSTEAD OF THE REQUIRED 36 FEET FOR PROPERTY LOCATED IN THE R-2, SINGLE FAMILY RESIDENCE DISTRICT, AT 4043 YOSEMITE AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. Sandra Lee Toy has applied for a variance from Sections 14-109(b) and 14-133(5) of the Ordinance Code relating to zoning to permit the location of an air conditioning unit in a required front yard having a setback of 34.5 feet instead of the required 36 feet for a single family dwelling located in the R-2, Single Family Residence District, at the following location, to -wit: Lot 26, Block 3, Suburban Homes Co's Addition (Abstract) 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 86 -74 -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: (1) Sufficient screening shall be maintained around the air conditioning unit to curtail its visibility from the street. Conclusion The application for a variance to permit the location of an air conditioning unit in a required front yard having a setback of 34.5 feet instead of the required 36 feet is granted based upon the findings set forth above. - Adopted by the City Council October 6, 1986 ATTEST: City Cler Reviewed by administration: Approved as to form and legality: TAP ity Manager City