86-7178RJ `F
RESOLUTION NO. 7178
RESOLUTION GRANTING
TEMPORARY VARIANCE
7645 EMERSON
WHEREAS, during the summer of 1985 City staff members became
aware of certain construction activities occurring at 7645
Emerson Avenue South; and
WHEREAS,,the construction involved the building of a dormer
on the second floor of the single family residence located on the
site; and
WHEREAS, a review of City records disclosed:
a) The single family residential structure located on the.
property was a lawful non-conforming use, having been
originally built under an ordinance which permitted it
to be located near the rear lot line of the property;
b) The recent new construction to the property extin-
guished the legal non-conforming use condition of the
property;
c) The construction was undertaken by the owner without
.obtaining a building permit;
d) In order to permit the issuance of a building permit,
it would have been necessary for the owner to obtain a
variance from the provisions of the City's zoning
regulations to permit the building to be located within
the rear yard setback area applicable to buildings in
the residential districts;
e) Prior to the commencement of construction, no applica-
,tion was made by the property owner for any such
variances; and
f) On May 6, 1985, the Inspection Division of the Depart-
ment of Public Safety issued a "stop work" order to
prevent the property owner from continuing construction
until such proper variance was obtained; and
WHEREAS, the owner of the property appeared before the City
Planning Commission on June 25, 1985 and requested the issuance
of such variances; and
WHEREAS, the City Planning Commission refused to hear the
request for variance based upon an action of the City Council
effective in March of 1985 to place a moratorium on the granting
of variances or allowing of construction in the ILN area, in
which said property is located; and
WHEREAS, the owner of the property appeared before the City
Council on August 12, 1985- and requested the issuance of such
variances; and
WHEREAS, the City Council voting to deny such variances
stipulated that the building be brought into compliance within
120 days; and
WHEREAS, the aforementioned moratorium prevented the owner
from either removing the dormer which had been constructed
without proper variance and permits, or moving the entire struc-
ture forward =on the lot so as to bring the building into confor-
mity with existing zoning regulations; and
WHEREAS, there is a pending need to resolve this matter; and
WHEREAS, the City Council has amended the aforementioned
moratorium to permit certain construction of less than $25,000,
provided such construction is permitted under existing zoning
regulations; and I
WHEREAS, prior to theowner's appearance before the City
Council, the City and the Richfield Housing and Redevelopment
Authority have adopted the ILN Redevelopment Plan which created a
redevelopment district including 7645 Emerson Avenue South; and
WHEREAS, the plan gives rise to the possibility that certain
lands within the districts including 7645 Emerson, may be
acquired for purposes in furtherance of the redevelopment plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows.
1. The construction of a '~~dormer on the second- floor of the
residence located at 7645 Emerson Avenue South .constitutes.
an expansion and extension of a non-conforming use in
violation of Section 3.x,9 of the Richfield Ordinance Code.
2. The construction of a idormer on the second floor of the
residence located at 7645- Emerson Avenue South without a
building permit constitutes a violation of Section 3.03 of
the Richfield OrdinancelCode.
3. The removal of the residential structure to a location on
the lot outside of the (rear yard setback area would remove
the .existing violation of Section 3.29 and permit the
property owner to apply .for and receive the necessary
building permits.
4. Such removal would,
increased .acquisition
determine to acquire
Project.
however, create the potential for
costs should the HRA subsequently
the property in connection with the
5. A temporary variance-is hereby 'granted to permit, temporari-
ly, the location of the residence .located at 7645 Emerson
Avenue South within the rear yard set-back line.
6. The temporary variance shall be for a period beginning with
the date of this resolution and expiring 180 days thereafter
unless further extended by council action or unless earlier
terminated by the occurrence of any of the following:
a) Failure of the owner to obtain all necessary building
and construction permits and complete construction of
the'.dormer not later than 30 days from the date of this
resolution.
b) Failure of the owner within 30 days to enter into a
written stipulation with the City and the HRA agreeing
that should the City or HRA seek to acquire the proper-
ty by negotiation or by eminent domain, that cost of
acquisition shall be the fair market value of the
residence reduced by the costs which would be incurred
in relocating the residence to a lawful location on the
property.
c) The voluntary or involuntary conveyance of the property
to a third party.
7. Upon expiration or earlier termination of the temporary
variance, the property owner shall, within 30 days of the
notice of expiration or termination, move the building to a
lawful location on the property, and, upon doing so, the
property owner shall be released from the stipulation
described in section 6 b) of thi~')resoion.
PASSED by the City Council of the City f R hfiel-d, nnes this
~ ,~
23rd day of June, 1986.
> ~ _.._ ,
n Hamnrtron
ATTEST:
,I f
f
-~-.-
omas Ferber. City Clerk
Mayor