HomeMy WebLinkAboutResolution No. 2006-239
RESOLUTION NO. 2006-239
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR ERIC WADE RUSSELL
WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3806 Jackson Street
LEGAL DESCRIPTION: Lot 14 and 15, Block 85, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback
variance for a new house per Code Section 9.1 09 (C), a IS-foot side yard setback variance
for a new house per Code Section 9.109 (C), and two 3 - foot side yard setback variances for a
new driveway per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on November 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 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 ofthe City of Columbia Heights
that the City Council accepts and adopts the following findings ofthe 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. 2006-239
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 other descriptive information
submitted with this application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-of-way" permit from the
Engineering Department for the construction of the curb cut for the new driveway.
3. The garages shall be architecturally compatible to the principal structures,
incorporating similar building materials and colors.
4. The applicant shall establish a driveway easement agreement for the shared driveway
and record it with Anoka County.
Passed this 13th day of November 2006
Offered by:
Seconded by:
Roll Call:
Kelzenberg
Diehm
Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
Attest:
IPatricia Muscovitz, CMC
( Deputy City Clerk/Council Secretary