HomeMy WebLinkAbout1999-11-23 CC Resolution #99-11-43RESOLUTION NO. 9 9 - 1 1 - 4 3
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION DETERMINING FINDINGS OF
FACT AND DENYING REQUEST FOR VARIANCE
AS SUBMITTED BY JOEL AND CAROL LOMBARD AT
5527 OAKGREEN PLACE NORTH, CIT'Y OF OAK PARK HEIGHTS
WHEREAS, the City Council of the City of Oak Park Heights has reviewed the
city's files with regard to the application for Joel and Carol Lombard who have requested variance
from the setback standards in order to construct an addition of approximately 500 square feet to
their home at 5527 Oakgreen Place North, Oak Park Heights, Minnesota; and
WHEREAS, the City Council finds that the addition as proposed would consist of a
three-season porch that would be located 14 feet from the rear property line. The City Council
further finds that a variance is required and that a 30-foot setback is established from rear property
lines in the R-1 single family residential district which is the district in which the Lombard home is
located; and
WHEREAS, the City Council finds that the Planning Commission conducted a
public hearing at which time public comment was received as it affects this application and
determined that there is no hardship demonstrated by the applicant to justify the granting of a
variance; and
WHEREAS, the City Council finds that Zoning Ordinance, § 401.04A.5 provides:
"Undue hardship will result if the variance is denied due to the existence of special
conditions and circumstances which are peculiar to the land, structure, or buildings
involved in which are not applicable to other lands, structures or buildings in the
same district:
A. Special conditions may include exceptional topographic or water
conditions or in the case of existing lot or parcel of record,
narrowness, shallowness, insufficient area or shape of the property.
B. Undue hardship caused by the special conditions and circumstances
may not be solely economic in nature, if a reasonable use of the
property exists under the terns of this title.
C. Special conditions and circumstances causing undue hardship shall
and
WHEREAS, there are no special circumstances or conditions related to topography,
vegetation, water conditions or other site conditions that would otherwise ,justify the granting of a
variance under these circumstances; and
WHEREAS, the applicants have other options open to them for placement of an
addition on their lot in a manner that would not require a variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
1. That the application as submitted by Joel and Carol Lombard seeking a
variance to rear yard setback in order to construct an approximate 500-square foot addition to their
home at 5 527 Oakgreen Place North be and the same here is denied.
2. That the City Administrator for the City of Oak Park Heights is hereby
authorized and directed to enter this Resolution within the official minutes of the meetings of the
City of Oak Park Heights and to enter a copy thereof in the application file related to this matter.
1 999.
ATTEST:
Thomas Melena
City Administrator
not be a result of lot size or building location when the lot qualifies
as a buildable parcel."
Passed by the City Council for the City of Oak Park Heights this 23rd of November,
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David Schaaf, Mayor