HomeMy WebLinkAboutResolution No. 2005-80
RESOLUTION NO. 2005-80
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BEN ADAMS
WHEREAS, a proposal (Case # 2005-1101) has been submitted by Ben Adams to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 628 - 38th Avenue NE
LEGAL DESCRIPTION: Lot 28, Block 88, Columbia Heights Annex to Minneapolis.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A I5-foot side yard setback
variance for the construction of a driveway per Code Section 9.106 (L )(7)(g).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on November 1,2005;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare ofthe
community and its Comprehensive Plan, as well as any concern related to traffic, property values,
light, air, danger of fire, and risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council accepts and adopts the following findings of the Planning Commission:
1. Because ofthe particular physical surroundings, or the shape, configuration, topography,
or other conditions ofthe specific parcel ofland involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel ofland
involved and are generally not applicable to other properties within the same zoning
classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been
created by any person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
Resolution No. 2005-1101
Page 2
FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information
shall become part of this variance and approval; and in granting this variance the city and the
applicant agree that this variance shall become null and void if the project has not been completed
within one (1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS:
1. The applicant shall obtain a boundary survey to accurately denote the placement of
the side lot line.
2. The driveway shall be surfaced with a dustless all-weather hard surface material.
Acceptable materials include asphalt, concrete, brick, cement pavers or similar
material installed and maintained per industry standards. Crushed rock shall not be
considered an acceptable surfacing material.
Passed this 14th day of November 2005
Offered by: Kelzenberg
Seconded by: Diehm
Roll Call: Ayes: Peterson, Williams, Diehm, Kelzenberg
Attest:
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.' Patricia Muscovitz, CMC {
Deputy City Clerk/Council Secretary