HomeMy WebLinkAbout92-77 - ADMIN Resolution - City Council - 1992/06/01RESOLUTION NO. 92-77
A RESOLUTION GRANTING VARIANCE IN FENCE HEIGHT IN THE
FRONT YARD FROM SECTION 14-109(2)(g)(ii) OF THE ORDINANCE
CODE RELATING TO ZONING TO PERMIT A SIX FOOT HIGH FENCE IN
THE FRONT YARD INSTEAD OF THE REQUIRED 3 1/2 FOOT HIGH
FENCE IN THE I-1, INDUSTRIAL DISTRICT AT 7008 HIGHWAY 7
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota
Findings
1. Sara Jean Thoms has applied for a variance from Section 14-109(2)(g)(ii) of
the Ordinance Code relating to zoning to permit a six foot high fence in the front yard
instead of the required 3 1/2 foot high fence for an office building located in the I-1,
Industrial District at the following location, to -wit:
Lots 3, 4, 5, 6 and 7, Block 187, "Rearrangement of St. Louis Park",
TOGETHER with 1/2 of vacated adjoining said Lots (Abstract)
2. The Board of Zoning Appeals held a public hearing on April 23, 1992,
received testimony from the public,discussed the application for a variance (Case No.
92 -21 -VAR) and, upon finding that the request did not satisfy the Ordinance necessary for
granting a variance, approved Resolution of Denial 5-92 on a vote of 3-1.
3. On April 28, 1992, the applicant, Sara Jean Thoms, filed an appeal of this
decision to the City Council.
4. On Monday, May 18, 1992, the City Council considered the appeal of Sara
Jean Thoms from the decision of the Board of Zoning Appeals and authorized preparation
of 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.
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 location of the lot
adjacent to State Highway 7 and Walker Street places a significant amount of traffic near
the subject property. Furthermore, the property is located in an industrial area which
generates a relatively large amount of truck traffic and noise.
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. The subject property is used to conduct a marketing business. The variance will
allow a taller fence which will help screen a patio area used to conduct business.
9. The contents of Planning Case File 92 -21 -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 to permit a six foot high fence in the front yard instead of
the required 3 1/2 foot high fence is granted based upon the findings set forth above, with
the understanding that this approval is good for one calendar year from this date.
Adopted by the City Council June 1, 1992
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Reviewed by administration:
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City Manager
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Approved as to form and execution: