HomeMy WebLinkAbout95-24 - ADMIN Resolution - City Council - 1995/03/06RESOLUTION NO. `r 61,1-/
A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM
SECTION 14.5-4.2(F)(5) OF THE ORDINANCE CODE RELATING TO
ZONING TO PER1lIT A SIDE YARD SETBACK OF 3 FEET INSTEAD OF
THE REQUIRED 6 FEET IN THE R-1, SINGLE FAMILY DISTRICT AT 2720
KIPLING AVENUE
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
1. Steven and Jean Clausen have applied for a variance from Section 14:5-4.2(F)(5)
of the Ordinance Code relating to zoning to permit a side yard setback of 3 feet
instead of the required 6 feet for a single family home located in the R-1 Single
Family District at the following location, to -wit:
Lot 6 except the South 15 feet thereof, and the South 22 feet of Lot 5, Block
2, Peabody Addition to St. Louis Park. "Abstract"
2. The Board of Zoning Appeals held a public hearing, received testimony from the
public,discussed the application for a variance Case No. 1-95 VAR and, upon
finding that the request did not satisfy the Ordinance necessary for granting a
variance, approved Resolution of Denial 1-95 on a vote of 4-0.
3. On January 27, 1995, the applicant, Steven and Jean Clausen, filed an appeal of
this decision to the City Council.
4. On Tuesday, February 21, 1995, the City Council considered the appeal of Steven
and Jean Clausen 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.
95:21,
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 1-95 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 side yard setback of 3 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:
City Cle
Reviewed by administration:
RESVAR.CC BOZA
Adopted by the City Council March 6, 1995
6ii /01-4.1
Approved as to form and execution:
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