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HomeMy WebLinkAboutResolution No. 2014-14RESOLUTION NO. 2014-14 FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR IMMACULATE CONCEPTION CHURCH AND SCHOOL WHEREAS, a proposal (Case #2014 -14) has been submitted by Immaculate Conception Church and School to the City Council requesting a Variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4030 Jackson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (8) (1)- allowing a pylon LED sign verses a monument LED sign. 2) Waiver to Section 9.106 (P) (8) (2)- allowing the LED sign to change or move more often than one every ten seconds. 3) Waiver to Section 9.106 (P) (9) (b) (1)- allowing the height of the sign to exceed eight feet. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 4'h, 2014. 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: 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. Resolution No. 2014 -14 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 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 variance. Passed this 10th day of March, 2014 Offered by: Nawrocki Seconded by: Williams Roll Call: All Ayes