HomeMy WebLinkAbout1973-108 CCRMember John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO. 73 -108
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 73015
WHEREAS, a building permit was issued to Fred S. Yesnes, Inc. on May 8,
1973, for the construction of a single family home at 6700 Camden Avenue North;
and
WHEREAS, through an administrative oversight, said permit erroneously
acknowledged a 15.66 feet street side yard set back, rather than 25 feet; and
WHEREAS, the set back deficiency was observed by the Building Inspector
during the required footing inspection on May 16, 1973, and construction was
ordered stopped pending further investigation; and
WHEREAS, it was determined by the administration that the matter should
be subject to established variance procedures including public hearing before
the Planning Commission and City Council; and
WHEREAS, such hearings were held by the Planning Commission on
June 7, 1973, and by the City Council on June 18, 1973, at which time testimony
was heard from neighboring property owners and others; and
WHEREAS, a ten foot deficiency in the width of the lot was noted, as well
as the irregular character of the yard set backs of other area homesites; and
WHEREAS, it was the determination of the Council, based on the facts of
the matter, that work on the subject property could proceed per the issued permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, that the application of Fred S. Yesnes, Inc. for a variance
which allows a 15 feet side yard set back be granted, based upon the following
findings:
1. The location of the building in the set back area and its
subsequent partial construction are due in some measure to adminis-
trative error on the part of the City of Brooklyn Center and are not
due totally to the actions of the applicant;
2. The presence of other set back requirements in the ordinance
as applied to a corner lot of this particular size and shape would
require that a substantial portion of the outside recreation area be
utilized for construction and that the size of the building be substan-
tially reduced if the building were placed upon any other portion of
the property;
3. The property is located in an older neighborhood in which
the side yards and front yards are not uniform, other side yards in
the neighborhood being less than the 25 feet now required by ordinance;
RESOLUTION NO. 75_108
ATTEST:
4. The location of the dwelling within 15 feet of the side lot
line will not cause undue crowding on neighboring properties,
obstruct traffic, or unduly restrict the view of neighboring property
owners and users of the public streets.
July 9, 1973
Dat e
The motion for the adoption of the foregoing resolution was duly seconded
by member Bill Fignar and upon vote being taken thereon, the
following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts,
and Bill Fignar;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.