HomeMy WebLinkAbout86-193 - ADMIN Resolution - City Council - 1986/11/17Mil
16
RESOLUTION NO.
0193
A RESOLUTION GRANTING VARIANCE IN REAR YARD SETBACK FROM
SECTION 14-128(5) OF THE ORDINANCE CODE RELATING TO ZONING
TO PERMIT THE ENCLOSURE OF AN OPEN DECK RESULTING IN A REAR
YARD SETBACK OF 13 FEET INSTEAD OF THE REQUIRED 25 FEET IN
THE R-1, SINGLE FAMILY RESIDENCE DISTRICT AT 2732 MONTEREY
AVENUE SOUTH
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Norton G. and Mary Jo Permuth has applied for a variance from Section 14-
128(5) of the Ordinance Code relating to zoning to permit the enclosure of an open
deck resulting in a rear yard setback of 13 feet instead of the required 25 feet for a
single family dwelling located in the R-1, Single Family Residence District at the
following location, to -wit:
Lot 3, Block 1, Monterey Addition (Abstract)
2. The Board of Zoning Appeals has reviewed the application for a variance
(Case No. 86 -87 -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.
Conclusion
The application for a variance to permit the enclosure of an open deck resulting in a
rear yard setback of 13 feet instead of the required 25 feet is granted based upon the
findings set forth above.
Adopted by the City Council November 17, 1986
ATTEST:
Reviewed by administration:
Approved as to form and legality: