HomeMy WebLinkAbout1990-173 CCR1
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Member Celia Scott introduced the following
resolution and moved its adoption:
RESOLUTION NO. 90 -173
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 90015 SUBMITTED BY TEASDALE AND
ASSOCIATES. LTD.
WHEREAS, Planning Commission Application No. 90015 was
submitted by Harold Teasdale and Associates, seeking a variance
from Section 35 -400 of the Brooklyn Center Zoning Ordinance to
allow more than 10% of the dwelling units at the Garden City Court
Apartment complex (3407 -3417 65th Avenue North) to be three bedroom
units; and
WHEREAS, the application was considered by the Planning
Commission at its June 14 and July 26, 1990 regular meetings during
which meetings a public hearing was held and testimony regarding
the variance request was received; and
WHEREAS, the Planning Commission, upon reflection on the
testimony offered and the reports submitted by staff, voted
unanimously to recommend denial of the variance request; and
WHEREAS, the City Council considered the variance request
at its August 13, 1990 regular meeting and held a public hearing,
receiving testimony regarding the application and a report of the
Planning Commission's action; and
WHEREAS, during the public hearing on Application No.
90015, the applicant, Mr. Harold Teasdale, acknowledged publicly
that a case for a variance could not be made in this instance; and
WHEREAS, the City Council has reflected upon the
testimony offered, the written material submitted regarding
Application No. 90015 and particularly the Standards for Variance
contained in Section 35 -240 of the City's Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that Application No. 90015 submitted by
Harold Teasdale and Associates for a variance from Section 35 -400
of the Zoning Ordinance, be denied on the grounds that the
Standards for Variance are not met particularly in consideration of
the following:
1. The limitation of Section 35 -400 subsection lc of
the Zoning Ordinance that no more than 10% of the
units in a multi family building may have more than
two bedrooms allows the property owner reasonable
use of his property and does not create a hardship
for the property owner.
RESOLUTION NO. 90 -173
2. The circumstances upon which the variance request
is based (namely, the Garden City Court Apartment
complex containing 66 two bedroom units and 6 one
bedroom units) are not unique to this parcel of
land, but are common generally to other apartment
developments within the City.
3. The limitations of the buildings and land that
comprise the Garden City Court Apartments were
created by the original developer of the property
and were not created by the provisions of the
Brooklyn Center Zoning Ordinance.
Based on the foregoing, it is determined that the standards for a
variance contained in Section 35 -240 of the Zoning Ordinance are
not met.
August 27, 1990
Date
ATTEST:
-C
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Deputy Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly
seconded by member Jerry Pedlar and upon vote being
taken thereon, the following voted in favor thereof:
Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.