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HomeMy WebLinkAbout1984-104 CCRMember Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 84 -104 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 84019 SUBMITTED BY MR. JOHN GUIDER, 5115 EAST TWIN LAKE BOULEVARD WHEREAS, Mr. John Guider has requested, under Planning Commission Application No. 84019, a two part variance from Section 35 -400 of the City Ordi- nances to allow expansion of dwelling space by converting an existing garage located less than five feet from one side property line (PART A), and the construction of a new attached garage less than 10 feet from the opposite side property line (PART B) on the property addressed as 5115 East Twin Lake Boulevard; and WHEREAS, the Planning Commission held a duly called public hearing on June 14, 1984 at which time there was extensive discussion on the matter and it was reported to the Commission that the structure at 5115 East Twin Lake Boule- vard is a two family dwelling and as such is a legal nonconforming use of property in an R1 zoning district; and WHEREAS, the Planning Commission recommended to the City Council that a finding be made that footnote 12 of Section 35 -400 of the Zoning Ordinance applies to Part A of the applicant's request to convert the existing garage to dwelling space and that no variance need be granted for that portion of Application No. 84019; and WHEREAS, the Planning Commission also recommended to the City Council that Part B of the applicant's request be denied on the grounds that the property is determined to be a two family dwelling; that it is,therefore, a nonconforming use; that a nonconforming use under Section 35 -111 of the Zoning Ordinance is not permitted to expand by covering a greater area of land; and that, therefore, to grant such a variance would be a use variance contrary to City Ordinance and State law; and WHEREAS, the City Council considered Application No. 84019 on June 25, 1984 at which time a public hearing was also held and the City Council heard comments both for and against the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of the Brooklyn Center that: 1. The Council finds that footnote 12 of Section 35 -400 of the City Ordinances applies to Part A of Application No. 84019 and that the applicant can convert the existing garage to dwelling space and that no variance need be granted. 2. That Part B of Application No. 84019 involving a request to build a garage, be denied on the grounds that the property at 5115 East Twin Lake Boulevard is a two family dwelling and, therefore, a nonconforming use which cannot expand by being enlarged or increased or occupy a greater area of land in accordance with Section 35 -111, Subdivision 1, of the City Ordinances. RESOLUTION NO. 84 -104 11 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the applicant seek and receive the necessary building permits prior to com- mencing any further action to convert the existing garage to dwelling space. The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and upon vote being taken thereon, the following voted in favor thereof; Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; July 9, 1984 17 l —'I/ to 7 Ma,� X ATTEST Clerk and the following voted against the same; none, whereupon said resolutin was declared duly passed and adopted.