Loading...
HomeMy WebLinkAboutResolution No. 2012-084 RESOLUTION NO. 2012-084 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR YOUSEF ABUHEKAL WHEREAS, a proposal (Case # 2012-0702) has been submitted by Yousef Abuhekal to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4347 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 6-foot drive aisle width variance per Code Section 9.106 (L)(7)(b); a 5-foot side yard setback variance for parking per Code Section 9.110 (C); and a variance to allow two (2) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December July 10, 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 pei witted 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. 2012-084 Page 2 FURTHER,BE IT RESOLVED,that the attached plans,maps,and other infoiniation 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. All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. 3. At no time shall there be more vehicles waiting for repair or pick-up in the designated off- street parking area than the number of off-street parking spaces provided. 4. All work shall be performed within a completely enclosed building. 5. All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts, including tires, or storage of inoperable vehicles or salvage vehicles shall be prohibited. 6. The sale of vehicles shall be prohibited, unless permitted by conditional use. 7. The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential use. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Passed this 23rd day of July, 2012 Offered by: Nawrocki Seconded by: Diehm Roll Call: Ayes: Peterson, Williams,Nawrocki, Diehm, Schmitt II 4 -g _ ,.. , Mayor Gary L. Peterson Attest: 2aMuscoL City Clerk