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HomeMy WebLinkAbout95-165 - ADMIN Resolution - City Council - 1995/11/20RESOLUTION NO. A RESOLUTION GRANTING VARIANCE FROM SECTION 14:5-4.3(F)(6) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A FRONT YARD SETBACK OF 32.25 FEET INSTEAD INSTEAD OF THE REQUIRED 37.125 FEET FOR PROPERTY LOCATED IN THE R-2 SINGLE FAMILY DISTRICT AT 4141 WEBSTER AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Finding 1. Kathleen Wecker has applied for a variance from Section 14:5-4.3(P)(6) of the Ordinance Code relating to zoning to permit a front yard setback of 32.25 feet instead of the required 37.125 feet for property located in the R-2 Single Family District at the following location, to -wit: Legal: Lot 28, Block 10 Suburban Homes Co.'s Addition 2. The Board of Zoning Appeals held a public hearing, received testimony from the public, discussed the application for a variance Case No. 16-95 VAR and, upon finding that the request did not satisfy the Ordinance necessary for granting a variance, approved Resolution of Denial 16-95 on a vote of 4-1. 3. On October 26, 1995, the applicant, Kathleen Wecker, filed an appeal of this decision of the Board of Zoning Appeals. 4. On Monday November 6, 1995, the City Council considered the appeal of Kathleen Wecker 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 the values of the 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 the 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. 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 Planing Case File 16-95 VAR are hereby entered into and made part of the public record and the record of decision for this case. A. 93-i4s--' Conclusion The applicant for a variance to permit a front yard setback of 32.25 feet instead of the required 37.125 feet is granted based upon the findings setforth above, with the understanding that this approval is good for one calendar year from this date. ATTEST: CiLas/ City Cler AGiviki Reviewed by administration: RESVAR.CC APP Adopted by the City Council November 20, 1995 tt) ,littitiA) Approved as to form and execution: City'Attorney