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HomeMy WebLinkAbout87-198 - ADMIN Resolution - City Council - 1987/11/161 RESOLUTION NO. 87-198 A RESOLUTION GRANTING VARIANCE IN REAR YARD SETBACK FROM SECTION 14-128(5) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A BUILDING ADDITION HAVING A REAR YARD SETBACK OF 26 FEET INSTEAD OF THE REQUIRED 35 FEET IN THE R-1, SINGLE FAMILY RESIDENCE DISTRICT, AT 3232 AQUILA LANE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. LeAnne M. Mackey has applied for a variance from Section 14-128(5) of the Ordinance Code relating to zoning to permit a building addition measuring 15 feet by 15 feet and having a rear yard setback of 26 feet instead of the required 35 feet for a single family house located in the R-1, Single Family Residence District, at the following location, to -wit: All of Lot 5, except the Northerly 10 feet thereof as measured at right angles to the Northerly line of said Lot 5, Block 1, Minnehaha Gables, Hennepin County, Minn., according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County (Abstract) 2. The Board of Zoning Appeals has reviewed the application for a variance (Case No. 87 -78 -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 a building addition measuring 15 feet by 15 feet and having a rear yard setback of 26 feet instead of the required 35 feet is granted based upon the findings set forth above. Adopted by the City Council November 16, 1987 yor ATTEST: ity Cler ° air -- Reviewed by administration: Clex.i\r‘A.A.A ct 63,kijrwiteAr ity Manager Approved as to form and execution: