HomeMy WebLinkAbout93-114 - ADMIN Resolution - City Council - 1993/08/02RESOLUTION NO. 93-114
A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM
SECTION 14:5-4.2(F)(5) OF THE ORDINANCE CODE RELATING TO
ZONING TO PERMIT A SIDE YARD SETBACK OF 3.3 FEET INSTEAD OF
THE REQUIRED 6 FOOT SIDE YARD SETBACK IN THE R-1 SINGLE
FAMILY RESIDENCE DISTRICT AT 2337 TEXAS AVENUE
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
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1. Tim L. Goodman and Betsy L. Hork have applied for a variance from Section
14:6-4.2(F)(5) of the Ordinance Code relating to zoning to permit a side yard setback of 3.3
feet instead of the required 6 foot side yard setback for a single family house located in the
R-1, Single Family Residence District at the following location, to -wit:
Lot 19, Block 7, Westwood Hills First Addition (Abstract)
2. The Board of Zoning Appeals held a public hearing, received testimony from
the public,discussed the application for a variance (Case No. 93 -23 -VAR) and, upon finding
that the request did not satisfy the Ordinance necessary for granting a variance, approved
Resolution of Denial 4-93 on a vote of 2-1.
3. On June 29, 1993, the applicants, Tim L. Goodman and Betsy L. Hork, filed
an appeal of this decision to the City Council.
4. On Monday, July 19, 1993, the City Council considered the appeal of Tim L.
Goodman and Betsy L. Hork 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.
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 variance will
allow the garage to be placed closer to the property line. This will help alleviate a drainage
problem on the subject and adjacent properties.
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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 variance will help alleviate a drainage problem.
9. The contents of Planning Case File 93-23=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 permitting a side yard setback of 3.3 feet instead of the
required 6 foot side yard setback is granted based upon the findings set forth above, with
the condition that construction of the addition authorized by this variance be completed
within one calendar year of the date of this resolution.
ATTEST:
Reviewed by administration:
93-23-VAR.CC BOZARES2
Adopted by the City Council August 2, 1993
Approved as to form and execution:
5zoitik rett A.Liz
City Attorney