Loading...
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