Title
Memorializing City Council action taken on April 6, 2011, upholding the decision of the Board of Zoning Appeals and denying the appeal of Tuan J. Pham for a variance of the River Corridor setback standards in order to allow an existing statue structure in the rear yard on the bluff side of the property to remain on the property commonly known as 231 Isabel Street West in Saint Paul.
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WHEREAS, Tuan J. Pham (the "Applicant") applied for a variance (DSI Zoning File No. 11-007586) from the strict application of Leg. Code § 68.402(b)(4) pertaining to River Corridor setback standards in order to permit an existing structure (a statue) which the applicant had erected in his rear yard to remain within ten (10) feet of the River Corridor bluffline which, under the Corridor's setback standards, requires forty-foot (40) of setback from the bluffline, for the Applicant's property located in a RT1 zoning district and commonly known as 231 Isabel Street West (PIN: 072822120088) and legally described as: Irvines Addition To W St Paul Subj To St Lots 7 Thru Lot 10 Blk 198; and
WHEREAS, on February 7, 2011, the Saint Paul Board of Zoning Appeals (the "BZA") duly conducted a public hearing on the Applicant's variance request in accordance with the requirements of Leg. Code § 61.601 and, having heard the report of staff, the presentation of the Applicant and having taking additional testimony from persons in favor of granting the requested variance, the BZA closed the public hearing and, following discussion of the matter, moved to lay the matter over for approximately four (4) weeks for the purpose of receiving a recommendation from the affected neighborhood district council; and
WHEREAS, on March 7, 2011, the BZA, under matters of "old business," again took up the matter having received a recommendation from the neighborhood district council and, the Applicant, not being in attendance, the BZA, based upon evidence presented at the public hearing and all the r...
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