99-8793r
50
RESOLUTION NO. 8793
RESOLUTION GRANTING AN APPEAL TO THE BOARD OF ADJUSTMENT AND
APPEALS OF A DECISION MADE BY THE HEARING EXAMINER
7532 GIRARD AVENUE
Be it resolved by the Board of Adjustment and Appeals of the City of Richfield,
Minnesota as follows:
I. The Board of Adjustment and Appeals hereby makes the following
findings of fact:
FINDINGS OF FACT
1. The City of Richfield (the "City") regulates, by ordinance, building setbacks.
2. The primary source of such regulations is contained in Appendix B of the Richfield
City Code, which establishes zoning regulations such as setbacks for residential
property.
3. On or about July 29, 1999, the City received a complete application from Karla
Dagnault (the "Applicant"), 7532 Girard Avenue, requesting variances to residential
accessory building setback regulations in order to construct a detached garage.
4. The Applicant requested setback variances to allow construction of a 20 by 24 foot
detached garage, two feet from the interior side property line where three feet is
required and six feet from the streetside property line where 15 feet is required.
5. The garage doors of the proposed garage face Humboldt Avenue which forms a
curve along the south side of the property.
6. The lot is approximately 5,800 square feet in size and irregular in shape. The lot
was reduced from its original size following construction of the 35W freeway.
7. On August 24, 1999, the Hearing Examiner conducted a public hearing on the
variance request.
8. At the hearing, the Applicant stated that the proposed layout was necessary to fully
utilize the rear yard of the property.
9. At the hearing, the Applicant demonstrated that the curved property line made the
setback conforming at the east end but nonconforming at the west end of the
garage.
10.At the hearing, the Hearing Examiner requested additional information on alternative
layouts for the garage.
11. On or about September 18, 1999, the Hearing Examiner published a written decision
approving the interior side setback variance request but denying the streetside
setback variance request on the basis that the reduced distance to the street was a
safety hazard.
12. On or about September 18, 1999, the City received a request (the "Appeal") to the
Board of Adjustment and Appeals (the "Board") to consider an appeal of the decision
of the Hearing Examiner.
13. The Appeal came before the Board for review and action on September 27, 1999.
Following a public hearing, the Board voted to grant the appeal and thereby approve
the variance request.
II. The Board hereby makes the following conclusions:
CONCLUSIONS
1. There is an undue hardship that denies the applicant reasonable use of the property.
The proposed modest sized, two-car garage is a reasonable use of the property.
2. There are unique circumstances related to the property. A portion of the property
was taken for roadway purposes leaving a curved property line and reducing the
buildable area in the back yard.
3. There would be no adverse impacts on the neighborhood. Due to the low traffic on
Humboldt Avenue, the clear site lines, and the street parking restrictions, the six-foot
streetside property line would not create an adverse impact.
4. The variance requested is the minimum variance necessary to alleviate the undue
hardship. The applicant is proposing a modest sized two-car garage (20 by 24 feet).
The proposed setback maximizes the usage of the back yard.
III. Based upon the foregoing, the Board hereby makes the following decision:
DECISION
The appeal of the decision by the Hearing Examiner to deny a streetside setback
variance for 7532 Girard Avenue is hereby in all respects APPROVED.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
October, 1999.
ATTEST:
-I~ p~
Thomas P. Ferber, City Clerk -.