HomeMy WebLinkAbout93-137 - ADMIN Resolution - City Council - 1993/09/07RESOLUTION NO. 93-137
A RESOLUTION GRANTING VARIANCE IN ACCESSORY BUILDING SIZE
FROM SECTION 14:5-4.1(A)(7)(e) OF THE ORDINANCE CODE RELATING
TO ZONING TO PERMIT AN ACCESSORY BUILDING OF 996 SQUARE
FEET INSTEAD OF THE REQUIRED MAXIMUM OF 800 SQUARE FEET
FOR PROPERTY LOCATED IN THE R-2 SINGLE FAMILY RESIDENCE
DISTRICT AT 3904 ZARTHAN AVENUE
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Richard M. Boyd and Mary Ellen Boyd have applied for a variance from
Section 14:5-4.1(A)(7)(e) of the Ordinance Code relating to zoning to permit an accessory
building of 996 square feet instead of the required maximum of 800 square feet for a single
family property located in the R-2, Single Family Residence District at the following
location, to -wit:
Lot 22 in Block 6 in Meadowbrook Addition (Torrens Certificate No. 432959)
2. The Board of Zoning Appeals held a public hearing, received testimony from
the public, discussed the application for a variance (Case No. 93 -26 -VAR) and, upon finding
that the request did not satisfy the Ordinance necessary for granting a variance, approved
Resolution of Denial 7-93 on a vote of 4-0.
3. On July 27, 1993, the applicants, Richard M. and Mary Ellen Boyd, filed an
appeal of this decision to the City Council.
4. On Monday, August 16, 1993, the City Council considered the appeal of
Richard M. and Mary Ellen Boyd from the decision of the Board of Zoning Appeals.
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, in that when inquiring
ef 3-4;1
with the City before the current Zoning Ordinance took effect, the applicant was given to
understand that no difficulty would be encountered in attempting to secure a building
permit for the garage addition in the foreseeable future.
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 93 -26 -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 to permit an accessory building of 996 square feet instead
of the required maximum of 800 square feet is granted based upon the findings set forth
above. Construction authorized by the variance must be completed within one calendar year
from this date.
ATTEST:
City1(4,e4•45, 14*41711‘.ft .i i
Cler
Reviewed by administration:
93-26-CC:RESBOZA2
Adopted by the City Council September 7, 1993
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Approved as to form and execution:
City Attorney