HomeMy WebLinkAboutResolution No. 2007-033RESOLUTION N0.2007-33
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BRUCE WHITNEY
WHEREAS, a proposal (Case # 2007-0201) has been submitted by Bruce Whitney to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4920 Tyler Street
LEGAL DESCRIPTION: On file at City Hall
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1,199.5 square foot area
variance for the creation of a new lot per Code Section 9.109 (D)(4)..
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on March 6, 2007;
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:
Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions ofthe specific parcel of land 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 of land
involved and are generally not applicable to other properties within the same zoning
classification.
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. 2007-33
Page 2
FURTHER, BE IT RESOLVED, that the associated 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.
Passed this 26th day of March 2007.
Offered by: Kelzenberg
Seconded by: Williams
Roll Call: Ayes: Peterson, Williams, Diehm, Kelzenberg Nays: Nawrocki
Patricia Muscovitz, CMC
Deputy City Clerk/Council