HomeMy WebLinkAboutResolution No. 2012-050 RESOLUTION NO. 2012-050
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR MILLIE KEWATT
WHEREAS, a proposal (Case # 2012-0503) has been submitted by Millie Kewatt to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 81 —38th Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4.5-foot side yard setback
variance for parking per Code Section 9.111 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on December May 1, 2012;
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. 2012-050 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.
CONIDTIONS 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 any portion of the driveway at the owner's expense in
the event that the City would need to gain access to the utility and drainage easement on
which the driveway is located.
Passed this 14th day of May, 2012
Offered by: Williams
Seconded by: Schmitt
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm Schmitt
fr .
Mayor Gary L. Peterson
Attest:
Patricia Muscov. z, CMC
City Clerk