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03-24 - 05-20 - Variance Appeal for 4500 Hampton Road Resolution 03-24 May 20, 2003 Member Grayson introduced the following resolution and moved its adoption: RESOLUTION OF FINDINGS AND DETERMINATION WITH RESPECT TO VARIANCE APPEAL 4500 HAMPTON ROAD DOUGLAS W. PAGENKOPF, APPLICANT WHEREAS, at its regular meeting on May 6, 2003 the City Council heard and considered an appeal from a determination by the Board of Zoning Appeals granting variances to Applicant Douglas W. Pagenkopf at his residence at 4500 Hampton Road (03- 04-08) as follows: 1. Ten feet off the required 25 feet to a distance of 15 feet at its closest point to the rear property line from the proposed attached garage and second story expansion. 2. Ten feet off the required 35 feet to a distance of 25 feet at its closest point to the front yard property line along Major Avenue North for the proposed garage expansion. WHEREAS, Applicant Douglas W. Pagenkopf has sought a variance of 16 feet off the required 25 feet to a distance of 9 feet at its closest point to the rear property line from the proposed garage expansion together with the front yard setback variance. WHEREAS, the City Council is required by Section 11.90, subd. 4C(2) to make its findings and determinations with respect to the appeal and serve a written report thereof upon the appellant by United States mail. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That it finds that the unusual and unique characteristics of the property constitute an undue hardship. 2. That the undue hardship to the Applicant is caused in part by the shape of the lot and its location having street frontage on nearly three sides. 3. That the City Council affirms the determination of the Board of Zoning Appeals granting variances as follows: a. A variance of 10 feet off the required 25 feet to a distance of 15 feet at its closest point to the real property line from the proposed attached garage and second story expansion. b. A variance of 10 feet off the required 35 feet to a distance of 25 feet at its closest point to the front yard property line along Major Avenue North for the proposed garage expansion. Resolution 03-24 - Continued May 20, 2003 4. That this Resolution constitutes the report of the City Council and shall be served upon the Appellant by United States mail within 30 days from the date of the appeal which was April 28, 2003. inda R. Loomis, May r ATTEST: Donald G. Ta ity Clerk The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Grayson, LeSuer, Loomis and Tremere; and the following voted against the same: Johnson, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk.