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HomeMy WebLinkAboutResolution No. 2013-003 RESOLUTION NO. 2013-03 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SAYNAB YUSUF WHEREAS, a proposal (Case # 2013-0101) has been submitted by Saynab Yusuf 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 variance to allow four(4)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 January 2, 2013; 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. 2013-03 Page 2 FURTHER,BE IT RESOLVED,that the City Council approves shared parking with the adjacent parcel to the south at 4329 Central Avenue and 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. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. A contract for the shared parking shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. 3. At least 75 square feet of outside play area shall be provided for each child under care. 4. Short-term parking of vehicles engaged in loading and unloading of children shall be provided as close as practical to the principal entrance. Passed this 14th day of January, 2013 Offered by: Diehm Seconded by: Williams Upon Vote: All Ayes: Mayor Gary Peterson Attest: Tori feo ardt City Cl Council Secretary