HomeMy WebLinkAboutResolution No. 2006-102
RESOLUTION NO. 2006-102
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JACK HANSEN
WHEREAS, a proposal (Case # 2006-0801) has been submitted by Jack Hansen to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 1853 - 39th Avenue NE.
LEGAL DESCRIPTION: Lots 2 and 3, combined, Auditor's Subdivision of Walton' s Sunny
Acres 3rd Addition, Anoka County, Minnesota, except the west 180.00 feet thereof, and also
excepting the north 75.00 feet of said Lot 2.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 13-foot front yard setback
variance per Code Section 9.109 (C), a 2.8-foot side yard setback variance per Code Section
9.109 (C), and a 1.4-foot rear yard setback variance per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on August 8, 2006;
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 of the
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 of the 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 ofthis 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. 2006-102
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. All application materials, maps, drawings and descriptive information submitted with
the application shall become part of the permit.
Passed this 14th day of August, 2006
Offered by:
Seconded by:
Roll Call:
Diehm
Kelzenberg
Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
"~CVu..z! ,~
Mayor Gary L. Peterson
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Attest:
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Patricia Muscovitz, CMC
eputy City Clerk/Council Secretary