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
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Mayor Gary L. Peterson
Attest:
2aMuscoL
City Clerk