HomeMy WebLinkAbout92-113 - ADMIN Resolution - City Council - 1992/08/03RESOLUTION NO. 92-113
A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM
SECTION 14-133(5)OF THE ORDINANCE CODE RELATING TO ZONING
TO PERMIT AN ATTACHED GARAGE WITH A SIDE YARD SETBACK OF
3 FEET INSTEAD OF THE REQUIRED 6 FEET IN THE R-2, SINGLE
FAMILY RESIDENCE DISTRICT AT 1431 LOUISIANA AVENUE SOUTH
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. James L. and Janet Jaros have applied for a variance from Section 14-133(5)
of the Ordinance Code relating to zoning to permit an attached garage with a side yard
setback of 3 feet instead of the required 6 feet for a single family home located in the R-2,
Single Family Residence District at the following location, to -wit:
Lots 443 and 444, Richmond (Abstract)
2. The Board of Zoning Appeals held a public hearing, received testimony from
the public,discussed the application for a variance (Case No. 92 -34 -VAR) and, upon finding
that the request did not satisfy the Ordinance necessary for granting a variance, approved
Resolution of Denial 8-92 on a vote of 4-0.
3. On June 29, 1992, the applicants, James and Janet Jaros, filed an appeal of
this decision to the City Council.
4. On Monday, July 20, 1992, the City Council considered the appeal of James
and Janet Jaros from the decision of the Board of Zoning Appeals and authorized staff to
prepare a Resolution of Approval.
5. 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.
6. 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. The nearest structure on the adjacent property will be 26 feet from the proposed
garage.
7. 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. The lack of on -street
parking on Louisiana Avenue is a special condition supporting this variance.
e -iii
8. 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.
9. The contents of Planning Case File 92 -34 -VAR are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Conclusion
The application for a variance for an attached garage with a side yard setback of 3 feet
instead of the required 6 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.
ATTEST:
Reviewed by administration:
City Manager
92-34-VAR.CC BOZA RES2
Adopted by the City Council August 3, 1992
(u LL.,
Approved as to form and execution:
City Attorney