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Home My WebLink About05-003 - ADMIN Resolution - City Council - 2005/01/03• 0 VARIANCE RESOLUTION NO. 05-003 A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-33(d) OF THE ZONING ORDINANCE TO ALLOW AN ADDITION TO THE HOME WITH EAVES THAT ARE 2 FEET FROM THE SIDE PROPERTY LINE INSTEAD OF THE REQUIRED 4 FEET FOR PROPERTY LOCATED IN THE "R-2" SINGLE FAMILY DISTRICT AT 3730 INGLEWOOD AVENUE SOUTH. BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota. FINDINGS 1 Ronald and Stephania Greve has applied for a vanance to allow an addition to the home with eaves that are 2 feet from the side property line instead of the required 4 feet for property located in the R-2 Single Family Residential Distnct at 3730 Inglewood Avenue South for the following legal description, to wit• Lot 7, Block 2, Minikanda Terrace Second Addition, Hennepin County, Minnesota. 2. The Board of Zoning Appeals has reviewed the application for Vanance Case No. 04 -60 - VAR and failed to pass a motion granting or denying the variance due to a 2-2 vote. The variance therefore stands as denied. 3 On December 3, 2004 Ronald and Stephania Greve requested an appeal of Board of Zoning Appeals action. 4 On December 20, 2004 the City Council considered the appeal and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, Tight 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 vanance upon the Comprehensive Plan 5. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed vanance will not impair an adequate supply of light and air to the 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 6. 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. 7 The granting of the application is necessary for the preservation and enjoyment of a O substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty. Resolution No. 05-003 -2- 8 The contents of Board of Zoning Appeals Case File 04 -60 -VAR are hereby entered into and made part of the public record. 9 Under the Zoning Ordinance, this vanance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 10. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed CONCLUSION The application for the variance to allow an addition to the home with eaves that are 2 feet from the side property line instead of the required 4 feet for property located in the R-2 Single Family Residential District at 3730 Inglewood Avenue South is granted based upon the finding setforth ove. Review d for Administration: City Mana Attest. er 5};:::--61-42--2rjlerk fte.„4„,j— Adopted by the City Council January 3, 2005 ti • VARIANCE 001 x z o 1..* !71 rnrT :az Q O 70 R _ m O s CA _ D3 � V ▪ b —1 K o • O cn rrt �, r c_)'1 'Z ;":7-, nC'0,,, O RESOLUTION NO. 05-003 410 247 aaNNVOS A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-33(d) OF THE ZONING ORDINANCE TO ALLOW AN ADDITION TO THE HOME WITH EAVES THAT ARE 2 FEET FROM THE SIDE PROPERTY LINE INSTEAD OF THE REQUIRED 4 FEET FOR PROPERTY LOCATED IN THE "R-2" SINGLE FAMILY DISTRICT AT 3730 INGLEWOOD AVENUE SOUTH. BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS Ronald and Stephania Greve has applied for a variance to allow an addition to the home with eaves that are 2 feet from the side property line instead of the required 4 feet for property located in the R-2 Single Family Residential District at 3730 Inglewood Avenue South for the following legal description, to wit: Lot 7, Block 2, Minikanda Terrace Second Addition, Hennepin County, Minnesota. 2. The Board of Zoning Appeals has reviewed the application for Vanance Case No. 04 -60 - VAR and failed to pass a motion giant;ng or denying the vanance due to a 2-2 vote. The vanance therefore stands as denied. 3. On December 3, 2004 Ronald and Stephania Greve requested an appeal of Board of Zoning Appeals action. 4. On December 20, 2004 the City Council considered the appeal and the effect of the proposed vanance 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 • 0 • Resolution No. 05-003 -2- 5 Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the 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. 6. 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 distract in which such land is located. 7. 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 a demonstrable hardship or difficulty. 8. The contents of Board of Zoning Appeals Case File 04 -60 -VAR are hereby entered into and made part of the public record. 9. Under the Zoning Ordinance, this vanance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 10 Under the Zoning Ordinance, this vanance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for the variance to allow an addition to the home with eaves that are 2 feet from the side property line instead of the required 4 feet for property located in the R-2 Single Family Residential Distnct at 3730 Inglewood Avenue South is granted based upon the finding set forth above. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 05-003 adopted at the St. Louis Park City Council meeting held on January 5, 2005. WITNESS my hand and the Seal of the City of St. Louis Park this 21st day of January, 2005 Nancy J StrotW 1_96puty City Clerk