Title
Memorializing Council Action taken February 15, 2012 granting the appeals of the Summit Hill Association and McClay Alton Real Estate, LLC, to a decision of the Board of Zoning Appeals which had granted a parking variance to Kevin D. VanDeraa for property located at 949 Grand Avenue.
Body
WHEREAS, on September 1, 2011, Kevin D. VanDeraa ("Applicant") made application to the Board of Zoning Appeals ("BZA"), under BZA File No. 11-282-158, for a variance from the strict application of Leg. Code § 63.207 parking requirements for property commonly known as 949 Grand Avenue and legally described as Summit Park Addition Tost Pa Lot 22 Blk 27, PIN 022823310077; and
WHEREAS, Applicant requested a variance from Leg. Code § 63.207's off-street parking requirements in order to obtain a beer and wine license. The previous use at the said address required (3) off-street parking spaces. Leg. Code § 63.204 provides "[w]hen any existing use within a structure changes to a new use which requires more off-street parking spaces than the existing use as determined by section 63.207, then the additional off-street parking spaces must be provided." The new use proposed by Applicant requires ten (10) off-street parking spaces. There is no space on the site for additional parking. Accordingly, Applicant sought a variance of (7) parking spaces; and
WHEREAS, on October 3, 2011, the BZA considered the said application as new business however, at the Applicant's request for more time to secure additional parking, the matter was duly laid over to October 31, 2011. The BZA took up the matter on October 31, 2011, but laid the matter over this time to allow the Applicant to prepare a parking study. In the meantime, on November 1, 2011, pursuant to Minn. Stat. § 15.99, the City provided via U.S. Mail written notice that the City was extending the time period for review of the application by an additional 60 days. On December 12, 2011, the matter was laid over by the BZA to De...
Click here for full text