Title
Memorializing the July 20, 2011 decision of the City Council granting the appeal of the District 5 Planning Council of a decision of the Board of Zoning Appeals granting a side-yard setback at 674 Hawthorne Street East.
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WHEREAS, on or about May 23, 2011, Sean Sellers, d/b/a Hart Sell LLC at 1288 Galtier St., Saint Paul, MN 55117, on behalf of the listed owner, Dave Hartman, of that property commonly known as 674 Hawthorne Avenue East and legally described as Stone Mortons Addition Lot 7 Blk 4 (P.I.N. 202922430193), applied to the Board of Zoning Appeals (hereinafter the "BZA") in BZA File No. 11-146148, for a variance from the strict application of Leg. Code § 66.231, for the purpose of constructing in the side-yard setback area on the west side of this existing a duplex, stairway leading to the second floor and attaching to it a second story deck: nine-foot side-yard setback required, three-feet proposed for a variance of six feet; and
WHEREAS, the BZA, having provided notice of a public hearing on the said variance application, in accordance with the requirements of Leg. Code § 61.601,duly set the matter on for hearing on June 13, 2011, and on that date, the BZA conducted a public hearing where all persons interested were afforded an opportunity to be heard; and
WHEREAS, upon the recommendation of staff and all the records and evidence presented at the June 13, 2011 public hearing, as substantially reflected in the minutes of the said hearing, the BZA granted the requested variance based upon the following findings as set forth in BZA Resolution No. 11-146148:
"1. The variance is in harmony with the general purposes and intent of the zoning code.
Finding 1, which states that the variance is in harmony with the general purposes and intent of the zoning code is met. This is a legal duplex built in 1903 on a substandard sized lot. The building had a fire in 2009 and sustained considerable damage which resulted in the structure becoming a va...
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