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HomeMy WebLinkAboutResolution No. 2011-156 RESOLUTION NO. 2011-156 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JEANNE RAMIREZ WHEREAS, a proposal (Case # 2011 -1201) has been submitted by Jeanne Ramirez to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5075 Johnson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street per Code Section 9.106 (C)(1)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; 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, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 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 practical difficulties are caused by the provisions of this article and have not been created by any person currently having a 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. 2011 -156 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 applicant shall agree to remove the shed at the owner's expense in the event that the City would need to gain access to the 5 -foot utility and drainage easement on which the shed is located. Passed this 12 day of December, 2011 Offered by: Williams Seconded by: Schmitt Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt ,,, 1 1 k Mayor Gary L. "eterson Attest: opri , Patricia Muscovi r , CMC City Clerk