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HomeMy WebLinkAboutResolution No. 2012-130 RESOLUTION NO. 2012-130 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JASON NORDEN WHEREAS, a proposal (Case#2012-1001)has been submitted by Jason Norden to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3919 Reservoir Boulevard NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: a 30-inch height variance to install a 6-foot fence in his front yard per Code Section 9.106 (E)(2)(d). WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on October 2, 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. 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 City Council Minutes Monday,October 08,2012 Page 2 of 2 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. Passed this 8th day of October, 2012 Offered by: Diehm Seconded by: Schmitt Roll Call: All Ayes: ` Mayor Gary . Peterson Attest: Jp'-l un Tori eo ardt, City Clerk/Council Secretary