HomeMy WebLinkAbout90-161 - ADMIN Resolution - City Council - 1990/11/051
RESOLUTION NO. 90-161
A RESOLUTION OF FINDINGS REGARDING THE APPLICATION OF
MICHAEL AND BARBARA LOGAN FOR A VARIANCE UNDER SECTION
14-109(2)(g)(ii) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO PERMIT A 6 FOOT FENCE IN THE FRONT YARD
INSTEAD OF THE REQUIRED 3 1/2 FEET FOR PROPERTY LOCATED IN
THE R-1, SINGLE FAMILY RESIDENCE DISTRICT, AT 3755 INGLEWOOD
AVENUE
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. On July 26, 1990, Michael and Barbara Logan filed an application seeking a
variance from Section 14-109(2)(g)(ii) of the Ordinance Code relating to zoning to permit
permit a 6 foot fence in the front yard instead of the required 3 1/2 feet for a single family
house located in the R-1, Single Family Residence District, at the following location, to -wit:
Lot 13, Block 1 "Minikanda Terrace Second Addition" (Abstract)
2. On August 23, 1990, the Board of Zoning Appeals held a public hearing,
received testimony from the public,discussed the application for a variance (Case No.
90 -54 -VAR) and authorized preparation of a Resolution of Denial on a vote of 4-0.
3. On September 27, 1990, the Board of Zoning Appeals, upon fording that the
request did not satisfy the Ordinance necessary for granting a variance, approved a
Resolution of Denial on a vote of 4-0.
4. On October 3, 1990, the applicant, Michael and Barbara Logan, filed an
appeal of this decision to the City Council.
5. On Monday, October 15, 1990 the City Council considered the ,appeal of
Michael and Barbara Logan from the decision of the Board of Zoning Appeals.
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
and has reaffirmed the decision of the Board of Zoning Appeals to deny the variance based
on the following findings:
a. The requested variance does not meet the requirements of Sections
14-219 and 14-220.1 of the Zoning Ordinance necessary to be met for
the Board of Zoning Appeals to grant variances. There are no factors
related to the shape, size or other extraordinary conditions of the lot
which prevent a reasonable use.
b. Granting of the required variance is not necessary for the preservation and
enjoyment of a substantial property right. The property has had a reasonable
use in the past.
c. Granting of the requested variance would be contrary to the intent and
provisions of the Zoning Ordinance since, if granted, it would permit a 6 foot
fence in the front yard instead of the required 3 1/2 feet, thereby allowing a
fence that is distinctively noticeable due to its disproportionately large size.
The fence will obstruct the open characteristic of the front yards in the
neighborhood.
d. There is no demonstrable or undue hardship under the terms of the Zoning
Ordinance or Minnesota Statute, and therefore, conditions necessary for
granting the requested variance do not exist.
e. Granting of the variance may have an adverse impact on adjacent property
because, if granted, a 6 foot fence would be allowed in the front yard. The
Zoning Ordinance attempts to maintain the open characteristics of the front
yards by limiting fence heights to 3 1/2 feet.
f. The taller fence is a potential safety hazard The fence obstructs the view of a
car using the neighboring driveway.
7. The contents of Planning Case File 90 -54 -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 upheld and
the application for a variance to permit a 6 foot fence in the front yard instead of the
required 3 1/2 feet is denied based upon the fmdings set forth above.
Adopted by the City Council November 5, 1990
Al !EST:
Reviewed by administration:
o 14,,,A,�
Approved as to form and execution:
X (.- ,d/)&24
City
Manager ity to ey
90-54-VAR.CC:BOZA1
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