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HomeMy WebLinkAboutResolution No. 2009-118RESOLUTION N0.2009-118 RESOLUTION OF DENIAL OF A 5-FOOT HEIGHT VARIANCE FOR A MONUlViENT SIGN FOR 4621 CENTRAL AVEI\fUE WI-pEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4621 Central Avenue LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot height variance for a monument sign per Code Section 9.106 (P)(12)(a) 3. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5, 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 does accept and shall adopt 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. There is a lack of hardship needed to support the variance. 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. Although every property along Central Avenue in the General Business District is unique in its layout, there are very few properties in which the only location of a monument sign would be directly abutting and adjacent to parking stalls. 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. There is a lack of hardship needed to support the variance. 4, The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The intent of the Comprehensive Plan is to promote the economic vitality of the City. Granting the variance request would assist in achieving this goal. Resolution No. 2006-118 Page 2 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. A 5-foot height variance is too eztreme and would cause a disproportional view of the property, causing material detriment to the public welfare. FURTHER, BE IT RESOLVED, that said variance request is denied based on the following: 1 e There is a lack of viable hardship to justify the requested variance. Granting the variance would permit a structure that would be disproportionate to the remainder of the property and would be materially detrimental to the public welfare. Passed this l Ot" day of August, 2009 Offered by: Kelzenberg Seconded by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg Attest: atricia Muscovitz, CMC City Clerk/Council Secretary