HomeMy WebLinkAboutResolution No. 2009-179RESOLUTION N0.2009-179
RESOLUTION APPROVING A VAI7IANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JIlVIlVIY JOHN'S RESTAURANT
WHEREAS, a proposal (Case # 2009-1002) has been submitted by John Patterson doing business
for Jimmy John's restaurant to the City Council requesting a variance from the City of Columbia
Heights Zoning Code at the following site:
ADDRESS: 4955 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2.7-foot rear yard parking
setback variance and a 2.5-foot side yard setback variance per Code Section 9.110 (C}; and a
2-foot drive aisle width variance per Code Section 9.106 (L)(11).
WI~REAS, the Planning Commission has held a special. public hearing as required by the City
Zoning Code on October 20, 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.
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. 2009-179
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.
Passed this 26th day of October, 2009
Offered by: Diehm
Seconded by: Kelzenberg
Roll Call: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg Absent: W' ~art~
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~Nfayor Gary L. $~eterson
Attest:
Patricia Muscovitz, CMC
City Clerk