HomeMy WebLinkAboutResolution No. 2013-034 RESOLUTION NO.2013-34
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 44215" STREET
WHEREAS, a proposal (Case#2013-34)has been submitted by the City of Columbia Heights to
the City Council requesting a variance from the City of Columbia Heights Zoning Code at the
following site:
ADDRESS: 44215"' Street NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379-square foot area variance to
main floor area for a two-story dwelling per Code Section 9.106 (D)(b).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on December June 4, 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.
BE IT FURTHER 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.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The above grade minimum floor area shall be 1,162 square feet.
Passed this l Ot" day of June 2013.
Offered by: Williams
Seconded by: Nawrocki
Roll Call: All ayes. Motion Carried
Gary L. Peterson, Mayor
l
Tori Leo t
City Cle ouncil Secretary