HomeMy WebLinkAboutResolution No. 2008-312RESOLUTION N0.2008-312
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR MARY ZAHORSKY
WHEREAS, a proposal (Case # 2008-1201) has been submitted by Mary Zahorsky to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4826 W. Upland Crest
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot side yard setback
variance for the construction of an addition per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on December 2, 2008;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Corninission 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 of the 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.
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 ~rantin~ 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. 2008-312
FURTHER, BE 1T RESOLVED, that the attached 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.
CONIDTIONS ATTACHF_,D:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The wall adjacent to the north property line shall be a solid wall with aone-hour fil°e-rated
separation.
3. Proper frost footings, approved by the Building Official, shall be installed for the addition.
4. The applicant shall locate the property line and have the location of the proposed addition
inspected and unproved by the Building Official prior to submitting a building permit
application.
5. The applicant shall obtain a building permit no later than June 1, 2009, or remove the
nonconforming structure by that time.
Passed this 8`'' day of December, 2008
Offered by: Diehm
Seconded by: Kelzenberg
Roll Ca11: Ayes: Peterson, Williams, Nawrocki, Diehm., Kelzenberg
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Mayor Gary L. Peterson
Attest:
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Patricia Muscovitz, CMC
City Clerk