HomeMy WebLinkAboutResolution No. 2011-158 RESOLUTION NO. 2011-158
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR O'REILLY AUTO PARTS STORE
WHEREAS, a proposal (Case # 2011 -1202) has been submitted by O'Reilly Auto Parts Store to the
City Council requesting a variance from the City of Columbia Heights Zoning Code at the following
site:
ADDRESS: 3700 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: An 11 -foot corner side yard
setback variance for parking per Code Section 9.110 (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 -158 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 peiuiit.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. Approval of the variance request in contingent on the approval of the Site Plan for the
O'Reilly Auto Parts Store located at 3700 Central Avenue.
Passed this 12 day of December, 2011
Offered by: Diehm
Seconded by: Williams
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt
Mayor Gary . Peterson
Attest:
atricia Muscov z CM dr
City Clerk