HomeMy WebLinkAbout86-34 - ADMIN Resolution - City Council - 1986/03/03r
REPLACEMENT
RESOLUTION NO. 86-34
A RESOLUTION RESCINDING RESOLUTION NO. 85-231 ADOPTED ON
DECEMBER 16, 1985 AND GRANTING VARIANCE IN LOT WIDTH, LOT
AREA AND SIDE YARD SETBACK FROM SECTION 14-133(5) OF THE
ORDINANCE CODE RELATING TO ZONING TO PERMIT THE DIVISION OF
A LOT RESULTING IN A LOT WIDTH OF 50.61 FEET INSTEAD OF THE
REQUIRED 60 FEET AND AN AREA OF 5,393 SQUARE FEET INSTEAD
OF THE REQUIRED 7,200 SQUARE FEET, AND FURTHER RESULTING IN
AN EXISTING HOUSE HAVING A SIDE YARD SETBACK OF 4.3 FEET
INSTEAD OF THE REQUIRED 9 FEET FOR PROPERTY LOCATED IN THE
R-2, SINGLE FAMILY RESIDENCE DISTRICT AT 1825 DAKOTA AVENUE
WHEREAS, the applicant has requested that the City Council reconsider a variance
at 1825 Dakota Avenue granted by Resolution No. 85-231 adopted on December 16,
1985, because of a previous error and new survey information; and
WHEREAS, it has been determined that the dimension for side yard setback should
have been 5 feet instead of 7 feet as stated in Resolution No. 85-231; and
WHEREAS, it has also been determined that the side yard setback should be 4.3
feet insted of 5 feet as shown in the survey by Robert Peters dated February 7, 1986; and
WHEREAS, the following findings have been modified to correct the above noted
factors:
FINDINGS
1. John K. Storm (Hale Kunerth) has applied for a variance from Section 14-133(5)
of the Ordinance Code relating to zoning to permit the division of a lot resulting
in a lot width of 50.61 feet instead of the required 60 feet and an area of 5,393
square feet instead of the required 7,200 square feet, and further resulting in
an existing house having a side yard setback of 4.3 feet instead of the required
9 feet for a single family dwelling located in the R-2, Single Family Residence
District at the following location, to -wit:
Lots 19-20 and 21, Block 7 "Thorpe Bros. University Club
Addition" (Abstract)
2. The Board of Zoning Appeals has reviewed the application for a variance (Case
No. 85 -77 -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
NOW THEREFORE BE IT RESOLVED that Resolution No. 85-231 (filed as Document
Nos. 5070911 and 5067860) is hereby rescinded and replaced by this resolution which
continues and amends the variance for the division of a lot resulting in a lot width of
50.61 feet instead of the required 60 feet and an area of 5,393 square feet instead of
the required 7,200 square feet, for the following location:
Lot 21 and that part of Lot 20 lying Northerly of a line 50.61 feet Southerly of,
as measured at right angles to, and parallel with the North line of said Lot 21, all
in Block 7, THORPE BROS UNIVERSITY CLUB ADDITION, Hennepin County,
M innesota;
and further resulting in an existing house having a side yard setback of 4.3 feet instead
of the required 9 feet, for the following location:
Lot 19 and that part of Lot 20 lying Southerly of a line 50.61 feet Southerly of,
as measured at right angles to, and parallel with the North line of said Lot 21, all
in Block 7, THORPE BROS UNIVERSITY CLUB ADDITION, Hennepin County,
M innesota
Reviewed by administration:
Ci
ity Manager
Adopted by the City Council March 3, 1986
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Approved as to form and legality:
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ity Attorney