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HomeMy WebLinkAboutResolution No. 2009-135RESOLUTION N0.2009-135 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR TIM SULLIVAN WHEREAS, a proposal (Case # 2009-0902) has been submitted by Tim Sullivan to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1201 - 45"' Avenue NE LEGAL DESCRIPTION: On file at City HaII. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An 11-foot front yard setback variance for the construction of a deck per Code Section 9.106 (B)(8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 1, 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: 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 classifications 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 harnlony 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. 2003135 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. Ali application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall obtain a building permit prior to the construction of the deck. Passed this 14`" day of September, 2009 Offered by: Kelzenberg Seconded by: Diehm Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg Attest: Patricia Muscovitz, CMC City Clerk