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HomeMy WebLinkAbout08-071 - ADMIN Resolution - City Council - 2008/05/19RESOLUTION NO. 08-071 RESOLUTION GIVING APPROVAL FOR VARIANCES FROM THE ZONING ORDINANCE FOR REDUCED SIDE YARD SETBACKS AT LOT 3, BLOCK 1 WESTLING ESTATES BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Westling Trust and Golden Valley Land Company, owners of the land platted as Westling Estates submitted an application for approval of variances to permit a 3.2 foot side yard for the existing house and a 9.5 foot side yard for the existing house for property located in the R-1 Single Family Residential District in Hennepin County, Minnesota, described to -wit: Lot 3, Block 1, Westling Estates 2. On May 7, 2008, the Planning Commission recommended approval (5-1 vote) of the Westling Estates final plat with conditions. At that same meeting, the Commission also conducted a public hearing for the side yard variances and recommended approval (5-1 vote) of variances: 3. Based on the testimony, evidence presented, and files and records, the City Council makes the following findings: a. There are special circumstances affecting the property such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant/owner of the reasonable use of the land. The variances are required to preserve the existing house which has historical significance. b. The granting of the variances will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The granting of the variances will enable the existing house to be preserved. The house was constructed in 1874, and is therefore historically significant to St. Louis Park. c. The variance is not contrary to the intent of the Comprehensive Plan. Conclusion The applicant's request for a variance from Section 36-163(0(5) and (7) to allow a 3.2 foot side yard for the existing house and a 9.5 foot side yard for the existing house for property located in the R-1 Single Family Residential District, at Lot 3, Block 1 Westling Estates is hereby approved based on the findings set forth above, and subject to the following conditions: Resolution No. 08-071 -2- 1. Both variances are approved for the existing house only. An addition may not be constructed that brings any portion of the house closer to the west property line than the house is at the time the variances were approved, as illustrated in the attached Exhibit A - Site Plan. 2. The house may be maintained, and portions may be rebuilt, however, up to 50% of the structure existing at the time of this variance approval must remain. 3. The variances will become null and void if more than 50% of the house is removed or damaged. If more than 50% of the house is damaged or removed then the house must conform to all zoning regulations T ity Clerk is instructed to record certified copies of this resolution in the Office of the nne i in County Register of Deeds or Registrar of Titles as the case may be. Review City for Administration: Attest: Ad. ! -d by the City Council May 19, 2008 Mayr