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HomeMy WebLinkAboutResolution No. 2009-101RESOLUTION N0.2009-101 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THU LE WI~REAS, a proposal (Case # 2009-0701) has been submitted by Thu Le to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3969 Reservoir Bivd. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1-foot height variance for the construction of a 5-foot fence per Code Section 9.106 (E)(2)(b). WI~REAS, the Planning Commission has held a public hearing as required by the City Zoning Code on July 7, 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. 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. 2009-101 Page 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. CONDITIONS ATTACHED: 1. All application. materials, maps, drawings, and descriptive information submitted with the application. shall become part of the permit. 2. The fence will not be placed closer than 36 feet from the front property line. 3. The fence shall be a chain link fence. Passed this 13`" day of July, 2009 Offered by: Nawrocki Seconded by: Williams Roll Call: Attest: Ayes: Peterson, Williams, Nawrocki. Diehm. Kelzenber~ ( Patricia Muscovitz, CMC City Clerk