HomeMy WebLinkAbout1976-067 CCR Member Tony Kuefler introduced the following resolution and
moved its adoption;
RESOLUTION NO. 76 -67
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 76008 SUBMITTED BY DAVID FADDLER
WHEREAS, Application No. 76008 was submitted by Mr. David Faddler
on January 14, 1976 requesting a variance from Chapter 35 of the City Ordinances
to build a single family dwelling on a substandard lot at 5326 Bryant Avenue North,
and a variance to permit an eight foot side yard setback rather than the minimum
ten foot setback between a dwelling and the side lot line; and
WHEREAS, the request was considered by the Planning Commission at a
duly called public hearing on February 12, 1976; and
WHEREAS, the Commission recommended denial of the request on the
bases that the standards for granting a variance are not clearly met; there is
adjacent vacant land which, if required, would allow widening of the lot to the
established width of lots in the area; and, approval could establish an undesirable
precedent with respect to remaining large parcels in this subdivision; and
WHEREAS, the application was considered by the City Council at a duly
called public hearing on February 23, 1976; and
WHEREAS, the City Council heard testimony from the applicant's legal
counsel as to certain case law regarding setback standards as applied to sub-
standard lots; and as to the applicant's request measured against the ordinance
standards for granting variances; and
WHEREAS, the matter was deferred to permit review by the City Attorney
of the legal aspects conveyed by the applicant; and
WHEREAS, the matter was briefly discussed on April 19, 1976 subsequent
to first reading of an ordinance amendment to Chapter 35 which would permit
construction upon platted lots of less than current standard dimensions; and
WHEREAS, the application was reconsidered by the City Council on
May 3, 1976 at which time the City Attorney reviewed the case law cited by the
applicant's counsel and the merits of the request for a setback variance in terms
of the ordinance variance standards; and
WHEREAS, additional testimony was taken from the applicant and his
counsel, and material was reviewed which indicates a single family dwelling
could be constructed on the parcel within the ordinance yard setback standards;
RESOLUTION NO. 76 -67
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that Application No. 76008, submitted by Mr. David Faddler,
requesting a side yard setback variance is hereby denied in that:
1 The ordinance standards for granting a variance have not
been met;
2. There is evidence a single family dwelling can be built on
the subject parcel, and thus the applicant is not deprived of
the intended and reasonable use of the property;
3. Ordinance standards for side yard setbacks are currently under
review and any modification of those standards would apply
equally to this property as well as throughout the community;
4. Any general modification of the ordinance yard requirements should
be accomplished through amendment of the ordinance and not
through the variance procedure which would set an undesirable
precedent in the R -2 district, if a change in ordinance standards
is deemed unnecessary.
5. The applicant's request is substantially founded upon economic
and design criteria resulting from private 99ntractual agreements,
and is not attributable to nc e ted th Rdi nce.
May 24, 1976
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Date Mayor
ATTEST:
CleK
The motion for the adoption of the foregoing resolution was duly seconded by
member Robert Jensen and upon vote being taken thereon, the
following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Robert Jensen;
and the following voted against the same: Bill Fignar;
whereupon said resolution was declared duly passed and adopted.
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