HomeMy WebLinkAboutResolution No. 2009-015RESOLUTION NO.2009-15
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BORDER FOODS, INC. d/b/a SONIC RESTAURANT
VVI~REAS, a proposal (Case # 2009-0102) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A S-foot side yard parking
setback variance per Code Section 9.110 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on January 6, 2009;
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 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. "1"he 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. Tl"ie grariting of tiie variance will riot be materially detri°ner~ital to the public vv'elfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
Resolution No. 2009-15
2
FURTHER, BE IT 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 ATTACHED:
All application materials including maps, drawings, and descriptive information
submitted with the application shall become part of the permit.
Passed this 12th day of January, 2009
Offered by: Williams
Seconded by: Diehm
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
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Mayor Gary L.°Peterson
Attest:
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Patricia Muscovitz, CMC `t
`' City Clerk ~