HomeMy WebLinkAbout90-132 - ADMIN Resolution - City Council - 1990/09/17RESOLUTION NO. 90-132
A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM
SECTION 14-128(5) OF THE ORDINANCE CODE RELATING TO ZONING
TO PERMIT AN ATTACHED GARAGE SETBACK 1.55 FEET FROM THE
SIDE YARD LOT LINE INSTEAD OF THE REQUIRED 9 FEET FOR
PROPERTY IN THE R-1 SINGLE FAMILY RESIDENCE DISTRICT AT 4360
VERNON AVENUE.
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Peterand Stacey Stahl have applied for a variance from Section 14-128(5) of
the Ordinance Code relating to zoning to permit an attached garage setback 1.55 feet from
the side yard lot line instead of the required 9 feet for a single family house located in the
R-1, Single Family Residence District at the following location, to -wit:
Lot 7, Block 3, "Brookside" except highway (Abstract)
2. On July 26, 1990, the Board of Zoning Appeals held a public hearing,
received testimony from the public,discussed the application for a variance (Case No.
90 -50 -VAR) and authorized preparation of a Resolution of Denial on a vote of 3-1-0.
3. On August 23, 1990, the Board of Zoning Appeals, upon finding that the
request did not satisfy the Ordinance necessary for granting a variance, approved a
Resolution of Denial on a vote of 4-0-0.
4. On August 24, 1990, the applicant, Peter and Stacey Stahl, filed an appeal of
this decision to the City Council.
5. On Tuesday, September 4, 1990, the City Council considered the appeal of
Peter and Stacey Stahl from the decision of the Board of Zoning Appeals and reviewed
pictures of the site and letters from adjacent property owners in support of the application.
6. 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.
7. 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.
8. 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.
9. 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.
10. The contents of Planning Case File 90 -50 -VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
The decision of the Board of Zoning Appeals to deny this application is hereby rescinded
and the application for a variance to permit an attached garage setback 1.55 feet from the
side yard lot line instead of the required 9 feet is granted based upon the findings set forth
above, with the understanding that this approval is good for one calendar year from this
date and, if the garage addition has not been constructed by September 17, 1991, this
approval shall become void.
Adopted by the City Council September 17, 1990
Al 1'hST:
Reviewed by administration:
w r 00x
City Manager
90-50-VAR.CC BOZA
o 147,,L,
Approved as to form and execution:
Rte.- SI a{u4J
Ci t''y Attorney