HomeMy WebLinkAbout2024-012 Property Variance 1650 40thRESOLUTION NO. 2024-012
A resolution of the City Council for the City of Columbia Heights, Minnesota, recommending
approval of a Variance for the property located at 1650 401h Avenue NE;
Whereas, a proposal (Planning Case # 2024-PZ02) has been submitted by Karen Thompson and
April Leaveck to the Planning Commission requesting approval of a Variance at the following
location:
ADDRESS: 1650 40th Avenue NE (PID 36-30-24-42-0103)
LEGAL DESCRIPTION:
WALTONS 1ST SUB OF RES HILLS, CITY OF COLUMBIA HEIGHTS LOT 1, BLK 1, WALTONS 1ST SUB
OF RESERVOIR HILLS -EX EASE OVER NELY 30 FT -
THE APPLICANT SEEKS THE FOLLOWING:
I. Variance to allow the attached garage to be constructed and located with a front yard
setback less than 25 feet. City Code Section 9.109 (C) stipulates a 25-foot front yard
setback for residential buildings.
Whereas, the Planning Commission held a public hearing and recommending to City Council,
approval of the residential variance, as required by the City Zoning Code on February 6, 2024,
Whereas, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variances 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, in accordance with the foregoing, and all ordinances and regulations of the
City of Columbia Heights, the City of Columbia Heights City Council makes the following:
FINDINGS OF FACT
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
classifications.
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.
CONDITIONS
1. All construction shall comply with the Minnesota State Residential Code.
2. All construction shall comply with the Minnesota State Energy Code.
3. All construction shall comply with the Minnesota State Plumbing Code.
4. All construction shall comply with the Minnesota State Mechanical and Fuel Gas Code.
5. Storm water runoff from the new construction shall be directed to the street. Runoff
cannot pass onto adjacent properties.
6. The existing single stall garage located on the site shall be removed.
7. All construction shall comply with applicable local and state codes.
8. Stormwater runoff from the new construction shall be directed to the street. Runoff
cannot pass onto adjacent properties.
9. The new attached garage shall be set back a minimum of 20.4 feet from the northern
property line and meet all other applicable setback requirements.
10. A Certificate of Survey and Elevation Plans shall be submitted as part of the Building
Permit Application for the construction of the proposed attached garage.
11. The total building coverage, including the principal structure and all accessory
structures, shall not exceed 35%.
12. The distance between the proposed attached garage doors and the front lot line shall be
no less than 20 feet.
13. The proposed attached garage shall be provided with a hard -surfaced access driveway,
no less than 12 feet in width, to an adjacent public street, and shall be no less than 20
feet by 20 feet in size.
14. The proposed attached garage shall not be located within any utility or drainage
easement.
Passed this 12th day of February, 2024
Offered by: Jacobs
Seconded
by: Spriggs
Roll Call: All Ayes
Am6cla Marquez SimLo, Mayor
Attest:
Andrew Boucher, City Planner
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