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HomeMy WebLinkAbout86-57 - ADMIN Resolution - City Council - 1986/05/05RESOLUTION NO. Rh -57 A RESOLUTION GRANTING VARIANCE IN SIDE YARD SETBACK FROM SECTION 14-133(3) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT THE CONSTRUCTION OF A GARAGE IN A SIDE YARD ABUTTING A STREET HAVING A SETBACK OF 7.5 FEET INSTEAD OF THE REQUIRED 15 FEET FOR PROPERTY LOCATED IN THE R-2, SINGLE FAMILY RESIDENCE DISTRICT, AT 3100 NEVADA AVENUE BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. John D. Johnson has applied for a Ordinance Code relating to zoning to permit yard abutting a street having a setback of 7.5 a single family dwelling located in the R-2, following location, to -wit: variance from Section 14-133(3) of the the construction of a garage in a side feet instead of the required 15 feet for Single Family Residence District at the Lot 1, Block 3, in "Boulevard Heights Second Addition,"_ according to the plat thereof on file or of record in the office of Deeds in and for said Hennepin County (Torrens Certificate No. 176832) 2. The Board of Zoning Appeals has reviewed the application for a variance Case No. 86 -15 -VAR) and has recommended to the City Council that the applicationbedenied. 3. 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 propertyinthesurroundingarea, and the effect of the proposed variance upon the Comprehensive Plan. 4. 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, unreasonablyincreasethecongestioninthepublicstreets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in anyotherrespectbecontrarytotheintentoftheZoningOrdinanceandtheComprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generallytootherlandorstructuresinthedistrictinwhichsuchlandislocated. 6. 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. Conclusion The application for a variance for the construction of a garage in a side yard abutting a street having a setback of 7.5 feet instead of the required 15 feet is granted based upon the findings set forth above. ATTEST: Adopted by the City Council May 5, 1986 44,4,) Reviewed by administration: Approved as to form and legality: City Attorney