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HomeMy WebLinkAbout91-182 - ADMIN Resolution - City Council - 1991/12/161 "Substituted Original. Legal description corrected and resolution restated by City Council December 16, 1991." bf RESOLUTION NO. 91-182 A RESOLUTION GRANTING VARIANCE IN SIZE LIMIT FOR A DETACHED GARAGE FROM SECTION 14-108(1) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A 1,178.8 SQUARE FOOT DETACHED GARAGE INSTEAD OF THE REQUIRED MAXIMUM OF 1,000 FEET IN THE R-2, SINGLE FAMILY RESIDENCE DISTRICT AT 3380 TEXAS AVENUE. WHEREAS, on October 7, 1991, the St. Louis Park City Council adopted Resolution 91-182 granting the variance described in these findings; said resolution was recorded on October 22, 1991, as Document No. 5837400 with the Hennepin County Recorder, but inadvertently omitted the section, township and range from the legal description; and WHEREAS, the City Council herewith restates Resolution 91-182 except that Finding No. 1 thereof has been corrected to refer to the full and correct legal description, as follows: BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota Findings 1. Luverne G. Steffel has applied for a variance from Section 14-108(1) of the Ordinance Code relating to zoning to permit a 1,178.8 square foot detached garage instead of the required maximum 1,000 square feet for a single family dwelling located in the R-2, Single Family Residence District at the following location, to -wit: A parcel of land located in Section 18, Township 117, Range 21, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of the southeast 1/4 of northeast 1/4; thence north 94 31/100 feet along the east line thereof; thence west 198 feet; thence south 94 38/100 feet parallel to the east line thereof to south line of northeast 1/4; thence east 198 feet to beginning except road; (Abstract) 2. On August 22, 1991, the Board of Zoning Appeals held a public hearing, received testimony from the public,discussed the application for a variance (Case No. 91 -29 -VAR) and approved a Resolution of Denial. 3. On August 28, 1991, the applicant, Luverne G. Steffel, filed an appeal of this decision to the City Council. 4. On September 16, 1991, the City Council considered the appeal of Luverne G. Steffel from the decision of the Board of Zoning Appeals and authorized preparation of a Resolution of Approval. 5. The proposed garage addition is set back 8.9 feet from the rear lot line, 52.0 feet from the side lot line and 55.2 feet from the existing dwelling unit. The existing garage is set back 17.6 feet from the side lot line abutting West 34th Street. 6. Including the proposed addition, 13.6% of rear yard and 7.6% of the entire lot is covered with garage. Including the proposed addition and the existing dwelling 13.1% of the entire lot is covered with structure. 7. 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. 8. 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. 9. 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. 10. 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 an 1,178.8 square foot detached garage instead of the required maximum 1,000 square feet is granted based upon the findings set forth above. As per City Code Section 14-210.6, this variance is deemed abandoned, revoked and canceled one year after the date this variance is granted if the proposed garage addition is not completed by that date and no valid outstanding building permit exists on that date. ATLEST: i !Q toidtee^i City C Reviewed by administration: ✓90 City Manager 91-29-VAR.CC2:BOZARES1 Adopted by the City Council December 16, 1991 Approved as to form and execution: City Attorney